In 2018, Dwyer, who is originally from Bandon won a challenge to the law that allowed his phone data to be retained and accessed as part of his prosecution for the murder of Elaine O'Hara.
The Supreme Court has decided to refer certain issues to the EU Court of Justice before it makes its final judgement on the appeal.
Mr. Justice Peter Charleton was the only one of the seven Supreme Court judges who felt the court could deal with the case itself:
