26 February 2020
An Irish court has referred a series of questions to the European Court of Justice in a case in which a man convicted of murder is challenging the use of retained telecommunications data as evidence against him.
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"The Supreme Court has said it intends to refer Graham Dwyer's case over the retention and accessing of his mobile phone metadata to the Court of Justice of the European Union.
The court made its decision by a majority of six to one.
Chief Justice Frank Clarke said he had expressed a view on three key issues in the case, but because the answers involve matters of EU law and the answers to them are not clear, the court was obliged to refer the issues to the Court of Justice of the EU in Luxembourg."
Ireland: Appeal in Dwyer case referred to EU Court of Justice (RTÉ, link)
See: Judgment of Mr Justice Clarke, Chief Justice, delivered the 24th of February, 2020 (pdf)
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