The Supreme Court has begun hearing a landmark case involving the use of mobile phone metadata in criminal cases.
The outcome of the hearing may have implications for other cases involving data protection rights and the use of such data for law enforcement, reports RTE.
The Court of Appeal last month dismissed Dwyer’s appeal against his conviction in the murder of Elaine O’Hara in 2012.
It is understood he is now seeking leave to appeal to the Supreme Court.
The Supreme Court may allow such an appeal if it determines that it is a matter of general public interest or that an appeal is necessary in the interests of justice, reports RTE.
This case is an appeal by Caolan Smyth, aged 30, against his conviction for the attempted murder of James “Mago” Gately in May 2017.
The Supreme Court found that the two men’s cases raised legal issues of public concern and agreed to hear their further appeals.
Opening the case for Smyth, Senior Counsel John Fitzgerald said that at the time of the investigation into the attempted murder of James Gately in 2017, he was aware of the problems with Irish legislation allowing storage and access to mobile phone data, reports RTE.
Mr Fitzgerald said the mobile phone evidence in his client’s case failed an admissibility check and should not have been admitted into the 2020 trial.
He wants Smyth’s conviction overturned without a retrial.
The case will continue tomorrow when the lawyers for the Director of Public Prosecutions will respond.
Seven Judges of the Supreme Court are hearing the appeal.
Graham Dwyer and others who have been convicted will not be unique in their judgments, reports RTE.
Their judgments can provide important clarifications or clarifications on issues such as data protection rights and the test for deciding when unconstitutionally obtained evidence can be admitted into a trial.
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