Graham Dwyer has failed in his bid to overturn his conviction for murdering vulnerable child care worker Elaine O'Hara, almost eight years to the day he was found guilty by unanimous jury verdict.
President of the Court of Appeal Mr Justice George Birmingham this morning delivered the judgement of the three-judge court, dismissing all grounds of appeal including a claim by Dwyer's lawyers that the use of call data records at his trial should lead to a retrial. Mr Justice Birmingham said: "In this case we are satisfied that the admission of limited call data evidence could not give rise to a miscarriage of justice."
He said that even if the evidence should not have been admitted at his trial, it was of little significance given that the prosecution was able to establish through other evidence that the phones, which contained evidence of his plan to murder Ms O'Hara, belonged to Dwyer. Dwyer (50), who murdered the vulnerable care worker for his sexual gratification in 2012, appealed his conviction after securing declarations that the retention of mobile phone data is a breach of rights under the European Charter on Fundamental rights.
