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Graham Dwyer - latest

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    #32
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    Speedline wrote: »
    I think the issue in Dwyers case is data retention, or more so how long they are allowed retain it for. I could be way off track though.

    Your right.


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    #33
    Speedline
    Registered Users Posts: 537 ✭✭✭Speedline


    LMHC wrote: »
    Your right.

    This gives an explanation. https://www.matheson.com/insights/detail/graham-dwyer-supreme-court-decision---data-retention-in-the-spotlight


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    #34
    Brian?
    Moderators, Recreation & Hobbies Moderators Posts: 21,419 Mod ✭✭✭✭Brian?


    Speedline wrote: »
    I think the issue in Dwyers case is data retention, or more so how long they are allowed retain it for. I could be way off track though.

    That’s exactly it.

    they/them/theirs


    And so on, and so on …. - Slavoj Žižek




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    #35
    monkeybutter
    Registered Users Posts: 3,826 ✭✭✭monkeybutter


    BattleCorp wrote: »
    There wasn't much hard evidence against Dwyer to be honest. Take away the phone evidence and he could walk in a retrial.

    Zero hard evidence given the time

    Overwhelming circumstantial evidence

    Great work by an Garda to be honest, a mobile really is noose to hang yourself on

    Tying the two phones together at the toll booths really was feckin interesting

    It was a remarkable case really given the luck in finding the phones with her loyalty card and good weather giving a low water level

    Better than any crime novel


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    #36
    Pete_Cavan
    Registered Users Posts: 6,920 ✭✭✭Pete_Cavan


    Law in general if completely fcuked up if Dwyer wins this case. Why should mobile data be considered so private that it can not be used to convict a murderer? Surely there is a stronger argument for your DNA being more private, it is literally part of your very being, could it be ruled inadmissible in court, not giving your permission to use yourself as evidence against yourself or something like that?

    The law is supposed to be about justice, I don't see how justice can be served by ignoring evidence that proves someone committed a murder.


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    #37
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    monkeybutter wrote: »
    Zero hard evidence given the time

    Overwhelming circumstantial evidence

    Great work by an Garda to be honest, a mobile really is noose to hang yourself on

    Tying the two phones together at the toll booths really was feckin interesting

    It was a remarkable case really given the luck in finding the phones with her loyalty card and good weather giving a low water level

    Better than any crime novel

    I had the privilege or curse of meeting Graham hahah he worked in prison with us. Super intelligent but a devious huuuure.


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    #38
    Brian?
    Moderators, Recreation & Hobbies Moderators Posts: 21,419 Mod ✭✭✭✭Brian?


    monkeybutter wrote: »
    Zero hard evidence given the time

    Overwhelming circumstantial evidence

    Great work by an Garda to be honest, a mobile really is noose to hang yourself on

    Tying the two phones together at the toll booths really was feckin interesting

    It was a remarkable case really given the luck in finding the phones with her loyalty card and good weather giving a low water level

    Better than any crime novel

    Yeah. The only mistake he made was having the burner phone and his own phone both on for a couple of minutes and one time. Everything was linked back to that

    they/them/theirs


    And so on, and so on …. - Slavoj Žižek




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    #39
    Brian?
    Moderators, Recreation & Hobbies Moderators Posts: 21,419 Mod ✭✭✭✭Brian?


    LMHC wrote: »
    Not never country refers to the Europeans courts. We do.

    Every EU country does, doesn’t it?

    they/them/theirs


    And so on, and so on …. - Slavoj Žižek




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    #40
    Leg End Reject
    Registered Users Posts: 17,120 ✭✭✭✭Leg End Reject


    Del Boy wrote: »
    His poor wife. Imagine him coming knocking on the door wanting to see his kids. Surely the EU court couldn't rule against using mobile data in such a case.

    My sympathy is with his ex-wife and children and Elaine's family. It's awful that he wants to replay the media circus after what he did.
    https://forumofgames.com/index.php




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    #41
    BattleCorp
    Registered Users Posts: 11,789 ✭✭✭✭BattleCorp


    monkeybutter wrote: »
    Zero hard evidence given the time

    Overwhelming circumstantial evidence

    Take away the phone evidence and your circumstantial evidence becomes seriously less than overwhelming.


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    #42
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    Brian? wrote: »
    Every EU country does, doesn’t it?

    No they are meant to but a lot deal with there own appeals. Prisoner fan bring human rights abuse to Europe but a lot of eastern bloc countries don't take on judgement.


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    #43
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    Leg End Reject wrote: »
    My sympathy is with his ex-wife and children and Elaine's family. It's awful that he wants to replay the media circus after what he did.

    Why if you thought you'd a chance of winning or staying in for life. Which life will be life for him.

    The circus could camp in me garden.


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    #44
    banie01
    Registered Users Posts: 16,803 ✭✭✭✭banie01


    The manner of the retention of O'Dwyers data and by extension other cases that are built on the retention of call logs and other data and use of mast and geolocation data have huge legal implications.

    The data retained and its use even if in convicting an absolute monster are going to likely be struck down.
    It's an absolute travesty, but if the data retention policy is struck down a major tool in combating criminality could well be lost.

    It's become quite difficult for even valid warrants presented to Telco's in the past 3yrs to be actioned appropriately.
    There is huge pushback from legal in any Telco I have knowledge of.
    The O'Dwyer SC case has led to some warrants being challenged in court. Data is being actioned and gathered as per warrants issued in some instances but not handed over to the Gardaí until the legal ramifications of the ECJ case are resolved and digested.


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    #45
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    There's been a lot of cases recently where Data from phones led to the release of prisoners. I know 2 who were charged allegedly selling a firearm they were in custody for 12 months due to this ruling on first day of trial jury was discharged in April of this year and 2 lads sent home as case was built on Data.


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    #46
    Leg End Reject
    Registered Users Posts: 17,120 ✭✭✭✭Leg End Reject


    LMHC wrote: »
    Why if you thought you'd a chance of winning or staying in for life. Which life will be life for him.

    The circus could camp in me garden.

    I didn't mention him at all, just said my sympathy is with his and Elaine's family.
    https://forumofgames.com/index.php




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    #47
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    Leg End Reject wrote: »
    I didn't mention him at all, just said my sympathy is with his and Elaine's family.

    Ah understand yeah your right for sure. Graham is a sociopath so will love this.


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    #48
    Brian?
    Moderators, Recreation & Hobbies Moderators Posts: 21,419 Mod ✭✭✭✭Brian?


    LMHC wrote: »
    No they are meant to but a lot deal with there own appeals. Prisoner fan bring human rights abuse to Europe but a lot of eastern bloc countries don't take on judgement.

    I don’t think a EU country can ignore a ruling from the EU courts.

    they/them/theirs


    And so on, and so on …. - Slavoj Žižek




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    #49
    monkeybutter
    Registered Users Posts: 3,826 ✭✭✭monkeybutter


    BattleCorp wrote: »
    Take away the phone evidence and your circumstantial evidence becomes seriously less than overwhelming.

    Are you arguing or something, that's obvious

    It ties the rest of the evidence up, it links the phone to him

    Once you have the phone you have te messages and the relationship between them


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    #50
    monkeybutter
    Registered Users Posts: 3,826 ✭✭✭monkeybutter


    Brian? wrote: »
    Yeah. The only mistake he made was having the burner phone and his own phone both on for a couple of minutes and one time. Everything was linked back to that

    Nah he had the two phones side by side all the time, it's just narrowing it down

    They had him in cork Galway etc and his toll tag logged so once out of dublin on the same date multiple times there was no denying it was him


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    #51
    BattleCorp
    Registered Users Posts: 11,789 ✭✭✭✭BattleCorp


    monkeybutter wrote: »
    Are you arguing or something, that's obvious

    It ties the rest of the evidence up, it links the phone to him

    Once you have the phone you have te messages and the relationship between them

    Even with the phone evidence being admitted, I'm surprised he was convicted. I think he did it for sure, but the evidence against him was weak enough.


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    #52
    JP Liz V1
    Registered Users Posts: 86,753 ✭✭✭✭JP Liz V1


    Who is paying for this?
    https://forumofgames.com/




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    #53
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    BattleCorp wrote: »
    Even with the phone evidence being admitted, I'm surprised he was convicted. I think he did it for sure, but the evidence against him was weak enough.

    I see it the same mid trial I had him walking. But if the state want you they will get you. But convinced on EU directive he walks.


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    #54
    Asdfgh2020
    Registered Users Posts: 1,556 ✭✭✭Asdfgh2020


    LMHC wrote: »
    Is it not already a done deal. Alan Wilson won the same ruling. If he wins it hell never do another day in jail. Unsafe conviction then due to media hyperbole he will have an "unfair retrial" Graham more then likely back on his sick websites come end of summer.

    Can I ask why you refer to this excuse of a human being using his first name above……?


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    #55
    monkeybutter
    Registered Users Posts: 3,826 ✭✭✭monkeybutter


    BattleCorp wrote: »
    Even with the phone evidence being admitted, I'm surprised he was convicted. I think he did it for sure, but the evidence against him was weak enough.

    It was not they had him hooked

    They had him saying what he was going to do then it happens and the phones end up in a reservoir 6 hours walk away from where the body was found ruling out suicide


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    #56
    monkeybutter
    Registered Users Posts: 3,826 ✭✭✭monkeybutter


    JP Liz V1 wrote: »
    Who is paying for this?

    You are I'm afraid


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    #57
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    Asdfgh2020 wrote: »
    Can I ask why you refer to this excuse of a human being using his first name above……?

    What should I call him and i ll address as such from now on.

    He who must not be named.

    Gradwy

    Anything else you'd like Me to call him. He's still a human being, you don't have to like or agree with him. But I've been in prison and I feel I'm no position to judge.


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    #58
    nc6000
    Registered Users Posts: 3,252 ✭✭✭nc6000


    JP Liz V1 wrote: »
    Who is paying for this?

    Good question and I'd also like to know who is representing him in this action. There's no way this guy should be freed, it was clearly shown during the trial how dangerous he is.


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    #59
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    monkeybutter wrote: »
    You are I'm afraid

    He wouldn't have legal aide. Guys filthy rich.


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    #60
    LMHC
    Registered Users Posts: 407 ✭✭LMHC


    nc6000 wrote: »
    Good question and I'd also like to know who is representing him in this action. There's no way this guy should be freed, it was clearly shown during the trial how dangerous he is.

    Remy is his barrister id imagine.


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    #61
    jackboy
    Registered Users Posts: 4,598 ✭✭✭jackboy


    LMHC wrote: »
    But if the state want you they will get you.

    This is it in a nutshell. Regardless of what comes out of Europe he is not getting out of jail. No judge in Ireland will allow that to happen.


This discussion has been closed.
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