Dwyer was found guilty by a jury in March 2015 of the murder of 36-year-old Elaine O'Hara
The Court of Appeal has begun hearing Graham Dwyer's attempt to overturn his conviction for the murder of Elaine O’Hara.
It has been seven years since he was found guilty of murdering the childcare worker, during one of the most prolific trials to come before the Irish courts.
Graham Dwyer, who is now 50 years old and slightly grey-haired, was brought into the court a little under an hour after his case was listed to be heard.
Elaine O’Hara’s family were seated together in the public gallery.
Unsurprisingly, Dwyer’s barrister, Remy Farrell SC, led with his contention that phone evidence presented to the jury in 2015 was inadmissible.
His argument was strengthened this year when the EU’s Court of Justice ruled that the law, which allowed the call records and location data to be retained and later accessed by Gardaí, was in breach of European law.
In his submission, Mr Farrell criticised the prosecution for now trying to downplay the significance of that evidence.
In a nutshell, he said a breach of your rights under the EU charter should be treated the same as a breach of your rights under the Irish Constitution.
The appeal is expected to take two days.
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