A European Court in Luxembourg is holding a hearing today that may have an effect 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.
"The first is his prosecution in criminal law for the murder of Elaine O'Hara which is the subject of an appeal to the Court of Appeal in Dublin.
"The second is a civil challenge he's taken against the retention of data and the recovery of data from certain phones, his data which he claims was discovered or obtained and retained illegally by the state."
