The Director of Public Prosecutions v Graham Dwyer (Approved) [2024] IESC 39 (31 July 2024)

The Director of Public Prosecutions v Graham Dwyer (Approved) [2024] IESC 39 (31 July 2024)

The Supreme Court held that the traffic and location data was obtained in breach of the Charter, but the test for admissibility is that set out in People (DPP) v JC. The breach was not deliberate or conscious, as the Gardaí acted in good faith under the 2011 Act, which was not manifestly contrary to the Charter at the time. The evidence could have been lawfully obtained under a compliant regime, so the JC backstop did not require exclusion. The Court could apply the JC test itself without a retrial. Therefore, the evidence was admissible. Even if it were not, the admission of the evidence did not result in a miscarriage of justice, so the proviso would apply.

Citation
[2024] IESC 39
Parties
Prosecutor/respondent: The People (at the suit of the Director of Public Prosecutions); Accused/appellant: Graham Dwyer
Jurisdiction
Ireland
Judgment Date
31 July 2024
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed; conviction affirmed
Legal Topics
Admissibility of Evidence, Exclusionary Rule, Data Retention, Charter of Fundamental Rights of the European Union, Communications (retention of Data) Act 2011, Directive 2002/58/ec (e Privacy Directive), Directive 2006/24/ec (data Retention Directive), Section 3(1) Criminal Procedure Act 1993 (proviso)
Criminal Law Constitutional Law European Union Law Evidence Admissibility of Evidence Exclusionary Rule Data Retention Charter of Fundamental Rights of the European Union +4 more

Case Brief

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Parties

The People (at the suit of the Director of Public Prosecutions)

Prosecutor/respondent

Graham Dwyer

Accused/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether traffic and location data retained and accessed under the Communications (Retention of Data) Act 2011, in breach of EU law and the Charter, is admissible in evidence against an accused
  2. 2 Whether a breach of Charter rights is equivalent to a breach of constitutional rights for the purposes of the exclusionary rule
  3. 3 Whether the test for admissibility is that in People (DPP) v JC or People (DPP) v O'Brien

Ratio Decidendi

The Supreme Court held that the traffic and location data was obtained in breach of the Charter, but the test for admissibility is that set out in People (DPP) v JC. The breach was not deliberate or conscious, as the Gardaí acted in good faith under the 2011 Act, which was not manifestly contrary to the Charter at the time. The evidence could have been lawfully obtained under a compliant regime, so the JC backstop did not require exclusion. The Court could apply the JC test itself without a retrial. Therefore, the evidence was admissible. Even if it were not, the admission of the evidence did not result in a miscarriage of justice, so the proviso would apply.

Court Disposition

Appeal dismissed; conviction affirmed

Orders

  • The appeal is dismissed.
  • The conviction of Graham Dwyer is affirmed.