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Dublin Live
Dublin Live
National
Neil Leslie & Emma McMenamy

RTE to screen State appeal against Graham Dwyer's legal case

Graham Dwyer might be in court when a landmark legal ruling that could help quash his murder conviction is shown live on TV.

Cameras have been invited to broadcast the ruling from a special Supreme Court sitting on Monday.

The Irish Mirror has learned Dwyer, who killed childcare worker Elaine O’Hara in 2012, is entitled to be present when the judgment is broadcast by RTE.

Filming may be restricted to the judges but sources said the 47-year-old is entitled to be present during the hearing at Waterford Courthouse.

It is not known whether Dwyer will show up to hear the ruling, which will also be shown online, but prison sources said he has been predicting he will win his case.

Graham Dwyer (Collins Photos)

The High Court has already ruled in his favour that an Irish law that allowed mobile phone evidence to be used against him is in breach of EU regulations.

It is this decision that is being appealed by the State.

Lawyers warned “enormous amounts” are at stake in the landmark ruling that could have implications for hundreds of investigations using mobile phone evidence.

Data gathered from the devices played a vital role in the conviction of Dwyer in 2015.

Gardai were able to show where his phone was at key times and what numbers it contacted that were linked to the victim.

European courts said the mass retention of mobile data is a breach of human rights.

Lawyer Paul Gallagher said if the High Court ruling stands, it would mean there was “a virtual space in which criminality existed” and could not be accessed by State authorities.

Dwyer’s appeal against his conviction is on hold pending Monday’s judgment.

The Dubliner has served more than four years in jail for the slaying of Elaine, 36, whose remains were discovered in the Wicklow Mountains in 2013.

Jurors heard how dad-of-two Dwyer had a fetish for stabbing women during sex and knifed his victim to death.

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