The case has been referred twice, and has made it to the Court of Justice for the European Union.
A European Court in Luxembourg is holding a hearing later today that may have an affect on murderer Graeme Dwyer's attempts to overturn his conviction.
The former architect was sentenced to life in prison for the murder of Elaine O'Hara in 2015, with mobile phone data used in that case coming under scrutiny after the fact.
In 2018 Graeme Dwyer challenged the validity of the law that was cited when his phone data was seized in the High Court, and won.
The case has been referred twice, and has made it to the Court of Justice for the European Union.
Criminal Barrister and Fine Gael Senator Barry Ward explains there's two aspects to Mr. Dwyer's bid to get his conviction overturned:
Court of Justice for the EU hearing on key legal issues in the Graham Dwyer case is now underway https://t.co/Xz1UkPf2xQ pic.twitter.com/Zf7wMHQ0Uh
— Shane Phelan (@shanephelanindo) September 13, 2021
However Graeme Dwyer has been described as 'a long way off' actually getting his conviction overturned.
He has made a seperate appeal against that conviction to a court in Dublin, which has yet to be heard.
The Independent's Legal Affairs Editor Shane Phelan, says there's precedent here from 2005 that could suggest Mr Dwyer may not win that
:
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