Reportedly, under 2011 legislation gardai could make requests directly to telecom companies for data on a suspect’s mobile phone use, including when or where they used their phone and for how long. Reportedly, under the act the companies were obliged to retain such data on all users for two years.
According to reports, Graham Dwyer was convicted of the murder of Elaine O’Hara in 2015 based on historic phone records, but in 2018 parts of the legislation were ruled invalid by the high court. Reportedly, a formal striking down of the 2011 law was put on hold pending the states appeal to the supreme court. According to the report, the supreme court asked the court of justice of the eu to decide on issues of eu law affecting the case. Reportedly, an advocate general, senior judicial advisor to the cjeu gave an opinion on Thursday February 3, supporting Dwyer’s arguments that the Irish regime breached eu law. According to the report, he said, ‘general and indiscriminate retention of traffic and location data is justified only in the protection of national security’. Reportedly, the opinion is not binding. According to the report, the court will hand down its judgement in the coming weeks.
According to a report, the cjeu has ruled in favour of withholding funding, condition al on a countries adherence to eu rule of law. Reportedly, the ruling, delivered on Wednesday morning paves the way for the european commision to apply the mechanism for the very first time, and request the freezing of eu funds, a process that could take five to nine months.
According to the report, Poland and Hungary were quick to condemn the ruling. Reportedly, Poland’s deputy Justice minister said, we need to defend ourselves against an attack on our sovereignty. Poland has to defend its democracy against blackmail that aims to take away our right to decide about ourselves. According to the report, Hungary’s Justice minister called it a politically motivated judgement and living proof that the eu is abusing its powers.