DWYER: I’LL BE FREE IN NEW YEAR
Depraved sex killer’s boast in jail after his legal victory on phone data
SMUG murderer Graham Dwyer believes he will be out of jail by early next year.
The sex beast was caged for life for the depraved killing of childcare worker Elaine O’hara in 2012.
But his legal victory this week over phone data has given him a lifeline for an appeal. A source said: “There is no doubt in his mind he will walk free.”
SADISTIC killer Graham Dwyer believes he will be a free man by early next year following his legal victory this week, the Irish Mirror has learned.
The 46-year-old was jailed for life for the murder of childcare worker Elaine O’hara in 2012.
But he is confident he will be released from the Midlands Prison after a High Court ruling on Thursday found legislation governing phone data retention was in breach of EU laws.
A source said: “Dwyer reckons he will be a free man by early next year, he’s convinced.
“He was cocky to begin with and this win has just made him more so.
“He was walking around all smug following the verdict.
“He’s very confident and there is no doubt in his mind he will walk free.
“He heard about it first on the news before his legal team got around to informing him. He had a big smile on his face.” It’s believed Dwyer spends his days playing his guitar in his cell and doing yoga.
The source added: “He sees himself as a bit of a rock star.
“He loves music and plays his guitar a lot. He likes to do yoga too on a regular basis as well.”
The ruling on Thursday by Mr Justice O’connor at the High Court in Dublin is a boost to his upcoming appeal against his murder conviction.
But legal experts said it gives him no guarantee he will be able to use it to walk free for the crime that shocked Ireland.
In 2015 a jury convicted Dwyer of the horror killing of vulnerable Elaine. He killed her during a sexual bondage fantasy in the Dublin mountains.
Gardai were able to nab Dwyer as the tracking of his handset signals showed where he was at a given time.
However, the 100-page ruling on Thursday found Irish legislation used to retain data from mobile phones and accessed in criminal investigations is in breach of EU law and European Convention Of Human Rights.
The court said this is “indiscriminate” in the access it gives to data records and it ruled Irish law must not take precedence over EU legislation governing the area.
It also criticised the practice of not having a judicial overwatch on individual applications by gardai for the information.
The court ruled there are not enough safeguards to ensure there are no abuses.
Dwyer was not in court for the ruling but his father Sean Dwyer sat at the back and listened to the judgment.
Mr Justice O’connor took two-and-ahalf hours to read his ruling and said the importance of EU law was the base for his views.
The judge added: “The primacy of EU law is the foundation for this judgment and loomed large throughout the entire hearing of these proceedings.
“One of the major obstacles affecting the position of the defendants is Ireland and its courts have no option but to apply EU law which prohibits ‘general and indiscriminate retention’ and access which is not authorised by a court or an independent administrative authority in accordance with law.”