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Graham Dwyer appeal

(5 Posts)
MotherForkinShirtBalls Sat 08-Dec-18 18:48:46

Does anyone understand the implications of the verdict? I'm not stupid, but despite reading three different newspaper articles, I'm still confused. I think it may mean he can appeal the inclusion of the mobile phone evidence connecting his work phone to the "master" phone by their co-location. If that's successful, would it mean a retrial without the use of that evidence?

carnitine Wed 12-Dec-18 12:16:30

I would be interested to understand the implications too.

Bythebanksof Wed 12-Dec-18 16:16:07

First of all the verdict is no surprise. It was widely expected in the legal community, makes sense, etc. The issue has been flagged at highest level for a long time now, but the minister and various dept choose to leave it slide as a lower priority.

In spite of that woeful performance, I'd be confident it is being addressed. Basically Irish legislation for data from mobile phone accessed in criminal investigations can be (will almost always be today!) in breach of EU law. It means more controls, review and probably supporting legislation.

On a practical level for Dwyer it may not help him due to timing of access to that data, and timing of legal changes... but that is not certain ... we shall see.

However, it will certainly have a negative impact on more recent cases (and cases currently underway). The bottom line is that evidence that would likely have resulted in conviction for serious crimes will not be used. But don't worry about it, it will never be revealed in public.

The bottom line is that Irish citizens have been left down by poor governance and delays on an important issue.

beanaseireann Sun 23-Dec-18 10:21:39

He is a horrible man.
It was reported his family ( not his poor dw and dcs I hastily add) was very supportive during the trial but his friends walked away.

ChocolateStash Sun 23-Dec-18 20:54:50

Despite the verdict, it proves he was the person in possession of both his work phone and master phone in the same places at the exact same time. Surely proof of being guilty of a crime should trump right to privacy. If GD gets off then Joe O'Reilly and others will use the same defence.

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