Retaining and accessing mobile phone metadata breaches EU law

"But surely if the prosecution proves beyond reasonable doubt" - but what if that proof was based on evidence that is now inadmissible? I don't know how strong the prosecution case is without this evidence however - I'm not qualified to comment

"But what I don't understand how a vicious killer who was convicted using this technology suddenly becomes less of a killer and is less dangerous on the streets if let out because the EU has passed this ruling"

I often read threads on here and think "if I'm ever on trial for a crime I didn't commit those people could be on the jury". Yet again I'm thinking that and it's a terrifying vista

Will there be a liability for the phone companies for retaining this data and having it available or is it a fact that the government insisted on it being kept despite it being known to be not compatible with EU law?

According to some legal expert on Six One...

Even if the phone data was obtained illegally, the judge can still allow it...if that's correct that's kinda scary

Unlikely. Plenty of other evidence and also there's a history of "if you didn't challenge it at the trial, feck off" rulings.

The other evidence is still legit even if they figured out it was him and then obtained said evidence based on the phones. Its not the same as the seeing something on an illegal search connection.

The issue now is being granted the retrial...if he gets that I think he will be laughing ...

The conviction was always shaky,I think it was Pathologist Marie Cassidy who said at the time she was shocked he was found guilty given the evidence presented which was quite something.....

There was no DNA,forensics,murder weapon,I dont think they could prove from her remains she was murdered.....

The ECJ has not said that Ireland cannot use the phone data; just that we should not have retained it. Given that it was retained, albeit improperly, the question of whether it can be used in evidence is a question of Irish law, not EU law, and the ECJ has not said anything about this. The case goes back to the Irish courts to determine this.

The general rule in Irish law is that illegally/unconstitutionally obtained evidence cannot be admitted in court, but there are numerous exceptions to this rule. It remains to be seen whether the court will find that this case comes within one of the established exceptions or will craft a new exception that covers this case. If I were Dwyer I would not be booking any holidays abroad just yet.

After his conviction, I wonder did he ever say anything that could now be self- incriminating?

Doesn't matter. You won't get a conviction on the argument that the necessary evidence probably exists but has been successfully hidden by the defendant.

I'm well aware of that, thanks. I was responding to this

I don't believe it does reflect poorly on the justice system.