De­praved sex killer’s boast in jail af­ter his le­gal vic­tory on phone data

Irish Daily Mirror - - FRONT PAGE - BY EMMA MCMENAMY

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.”

BEAST Gra­ham Dwyer

VIC­TIM Child­care worker Elaine O’hara who was mur­dered by Dwyer in 2012, and above, our cov­er­age yes­ter­day COURT RUL­ING Gra­ham Dwyer

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