The Supreme Court has agreed to hear another appeal by architect Graham Dwyer against his conviction for the 2012 murder of Elaine O’Hara.
Dwyer’s appeal was dismissed by the Court of Appeal earlier this year, but the High Court ruled that his case raised issues of general public interest and that it was in the interests of justice to authorize a new call, reports RTE.
The appeal concerns permission to retain and access call recordings under legislation that was later found to violate EU law.
Mobile phone metadata linking Dwyer to other phones and different locations was important evidence in his trial.
The Supreme Court ruled that among the issues of general public interest raised by Dwyer is the evidence that will be used to determine whether such evidence should have been admitted, reports RTE.
Dwyer also challenged the Court of Appeal’s decision that there was no miscarriage of justice in allowing the call logs.
This means that even if the court had decided that the evidence should not be admitted, the appeal would have been dismissed.
Additionally, the Supreme Court is expected to rule on two other cases related to the use of cellular data in criminal cases, reports RTE.
It claimed that denying Dwyer leave to appeal pending trial in these cases would put him at risk of injustice because his conviction would be final regardless of the outcome of the other cases.
No date has been set for Dwyer’s appeal hearing, reports RTE.
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