Graham Dwyer

2022 - 5 - 26

Post cover
Image courtesy of "RTE.ie"

Dwyer appeal to go ahead after clearing court hurdle (RTE.ie)

Graham Dwyer can move ahead with his appeal against his conviction for the murder of Elaine O'Hara in 2012 after the State consented to a dismissal of its ...

His interest was to be able to argue the retention issue in Dwyer’s appeal against his conviction as distinct from a wider context, counsel indicated. This morning the Supreme Court was told that in light of the decision of the CJEU, the State was consenting to the dismissal of its appeal. The High Court found in his favour and this was appealed by the State to the Supreme Court, which referred certain issues to the CJEU.

Post cover
Image courtesy of "Irish Examiner"

Way cleared for Graham Dwyer to pursue appeal against conviction ... (Irish Examiner)

Parties had agreed further hearing was not necessary in the appeal, which has already been argued in the Supreme Court and later, when issues were referred, ...

In all likelihood, those judges will make the orders on consent, he said. Finalisation of this long-running legal battle expands Dwyer’s options in his separate appeal to the Court of Appeal aimed at quashing his murder conviction. The way has been cleared for Graham Dwyer to pursue his appeal against his conviction for the murder of Elaine O’Hara.

Post cover
Image courtesy of "Independent.ie"

Graham Dwyer case: Supreme Court will dismiss State appeal ... (Independent.ie)

The Supreme Court is to make orders upholding Graham Dwyer's successful High Court challenge to Ireland's data retention laws and dismissing an appeal by ...

He said that in light of the CJEU judgment, there could be no objection to the court setting aside the stay on the order of the High Court, affirming the declaration made by the High Court and dismissing the appeal by the State. This found that evidence obtained in breach of a person’s rights could be admissible if the breach was inadvertent, an argument which could be made in the Dwyer case as gardaí used the laws that were in place at the time. If the Court of Appeal finds that the data evidence should have been excluded from his trial, it will have to weigh up whether there was enough other evidence to prove the case against Dwyer. At a brief hearing on Thursday, Sean Guerin SC, for the State, said the parties were agreed that a further hearing of the Supreme Court was not required to deal with the matter. It means the Supreme Court will not have to reconvene for any further hearing in the matter and will simply issue the orders. The Supreme Court is to make orders upholding Graham Dwyer’s successful High Court challenge to Ireland’s data retention laws and dismissing an appeal by the State.

Post cover
Image courtesy of "Southern Star Newspaper"

BREAKING: Graham Dwyer clear to appeal murder conviction (Southern Star Newspaper)

Bandon man Graham Dwyer is set to now move to appeal his conviction for the murder of Elaine O'Hara in 2012.This comes as the Supreme Court is expected to ...

Post cover
Image courtesy of "BreakingNews.ie"

Supreme Court to make final orders as Dwyer moves to appeal ... (BreakingNews.ie)

Finalisation of this long-running legal battle expands Dwyer's options in his separate appeal to the Court of Appeal aimed at quashing his murder ...

In all likelihood those judges will make the orders on consent, he said. He said the State was consenting to the orders. Seán Guerin SC, representing the State, said his side could not object to final orders being made in light of last month’s ECJ ruling, which upheld Dwyer’s challenge to the legality of the metadata regime sanctioned by the 2011 law.

Post cover
Image courtesy of "98FM"

State Drops Appeal Against Graham Dwyer's Challenge On Data ... (98FM)

Today's development is likely to pave the way for Dwyer to launch an appeal against his conviction for the murder of Elaine O'Hara. Last month, the Court of ...

In the wake of that ruling, the State has now dropped its Supreme Court appeal, which paves the way for the High Court’s decision to be affirmed. This metadata proved crucial in the successful prosecution of Graham Dwyer for the 2012 murder of Elaine O’Hara. Today’s development is likely to pave the way for Dwyer to launch an appeal against his conviction for the murder of Elaine O’Hara.

Post cover
Image courtesy of "The Irish Times"

Graham Dwyer clear to appeal murder conviction as State concedes ... (The Irish Times)

Supreme Court dismisses data appeal by consent with Dwyer now expected to seek early hearing date.

His side’s interest was to be able to argue the retention issue in Dwyer’s appeal against his conviction as distinct from a wider context, counsel indicated. He asked for orders dismissing the appeal, lifting the stay on the 2018 High Court declaration and affirming that declaration. The CJEU judgment was widely regarded as tying the Supreme Court’s hands and there was little surprise in legal circles when the Chief Justice, Mr Justice Donal O’Donnell, was told earlier this month that the sides were seeking to agree final orders in the matter.

Post cover
Image courtesy of "Irish Mirror"

Graham Dwyer's latest court win 'absolute horror story' for families of ... (Irish Mirror)

Thursday's court developments cleared the way for Dwyer to appeal his conviction - which could now get underway as early as the autumn.

"And for anybody else who has been in a situation where there has been a reliance on metadata or this phone evidence. Aisling told the Irish Mirror: "It's a horror story and it's an absolute horror for Elaine O'Hara's family on a personal level. Dwyer, serving a life sentence for murdering Elaine O'Hara in 2012, is expected to appeal his conviction by the end of the year after the State on Thursday consented to a dismissal of its appeal against a mobile phone data ruling in the killer's favour.

Explore the last week