The Supreme Court is set to announce its decision on Graham Dwyer’s appeal to overturn his 2015 conviction for the murder of Elaine O’Hara. After the Court of Appeal rejected his appeal last year, the Supreme Court allowed a final appeal on the admissibility of mobile phone data evidence in light of EU law violations. The appeal, which centered around the use of phone data in Dwyer’s prosecution, was heard in January and a decision is expected on Wednesday.
In a previous ruling, the court dismissed objections to using phone data in criminal trials, citing its importance in linking Dwyer to O’Hara’s murder. Dwyer successfully argued that the legislation allowing his data to be accessed breached EU law. Despite this, the Court of Appeal upheld his conviction, stating that even without the disputed evidence, there was enough to support the guilty verdict.
This appeal raises questions about the use of evidence obtained through illegal means and the balance between citizens’ rights and the administration of justice. This may be Dwyer’s last chance to appeal in Irish courts, with O’Hara’s family present for the proceedings.
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