Sex killer Graham Dwyer clears first hurdle in compo battle
Depraved killer Graham Dwyer has moved one step closer to pocketing a huge payout after the State failed to have a civil case he brought over breach of privacy thrown out.
And, if victorious, the case could pave the way for a successful appeal against his murder conviction.
Today's Star reports on the case, which is over the use of Dwyer's phone records in the Elaine O'Hara murder trial. Dwyer claims his privacy rights were breached by their use.
The paper reports that the State's application to the High Court to have the case struck out was rejected and it is back before the courts again for mention next month.
Dwyer was convicted in March last year of the brutal murder of O'Hara and the case was built largely on phone records that showed hundreds of messages from Dwyer to the victim.
Tests also proved that the phones Dwyer bought for himself and O'Hara to speak were used in the area where she was last seen.
In his High Court proceedings, Dwyer claims certain provisions of the Communications (Retention of Data) Act 2011 breach his rights to privacy under the Constitution, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.
The Directive underlying the 2011 Act was struck down by the European Court of Justice in 2015.
During Dwyer’s trial, his lawyers argued the mobile phone data was inadmissible as evidence but those arguments were rejected by the trial judge.
In his High Court action, Dwyer is also seeking, if appropriate, damages and, if necessary, a reference of issues to the European Court of Justice.
The proceedings are against the Garda Commissioner, Director of Public prosecutions, Ministers for Justice and Communications, Ireland and the Attorney General.