DPP v Dwyer – Part 1 – the Supreme Court has unanimously dismissed Graham Dwyer’s appeal against his conviction
1. Introduction
The Supreme Court has dismissed Graham Dwyer’s appeal against his conviction for the murder of childcare worker Elaine O’Hara (BBC | Examiner | Irish Independent | Irish Times | Gazette.ie | RTÉ | Sky | TheJournal.ie). The Court held that evidence of mobile phone traffic and location data was admissible at his trial. Collins J (pictured back right, in the photograph on the left) (O’Donnell CJ; Dunne, Charleton, O’Malley and Donnelly JJ concurring) delivered the judgment of the Court; Hogan J (pictured beside Collins J) concurred in a short judgment. In this post I want to sketch the background to the decision, the decision itself, and some consequences. In a series of forthcoming posts, I will look at all of those issues in more detail.
2. Background
On 27 March 2015, following a lengthy and high-profile trial in the Central Criminal Court before Hunt J and a jury, Dwyer was convicted of the murder of Elaine O’Hara in August 2012. He was subsequently sentenced to imprisonment for life, and he continues to serve that sentence.
Since January 2008, there had been an intense sexual relationship between him and Elaine O’Hara; and, after March 2011, they had communicated with each other by prepaid mobile phones.…