Lawyers for Graham Dwyer, who murdered vulnerable care worker Elaine O’Hara for his sexual gratification, have argued that suicide should have been considered as a cause of death and it was “live and large in the case”.
They also argued in the three-judge Court of Appeal yesterday that the retention of mobile phone data is an “opportunistic form of mass surveillance” that transforms phones into tracking devices. Remy Farrell SC, for Dwyer, said mobile phone data should not have been admitted as evidence in his client’s trial as the retention of that data was a breach of his rights under the European Charter of Fundamental Rights.
Mr Farrell said the Court of Justice of the European Union has said “again and again” that the retention of mobile phone data cannot be done and the Irish courts must now “internalise” what the European court has said. The court heard from Michael Bowman SC, also for Dwyer, who argued that the trial judge should have discharged the jury where there was no forensic evidence as to how Ms O’Hara died.
