Kinahan gunman case to be first to challenge law in wake of Dwyer decision

Six further appeals are set to go ahead after the Court of Justice of the European Union ruled that Ireland’s mobile phone data retention system breaches EU law

Members of the Garda Síochána at the scene of the attempted murder of James ‘Mago’ Gately. Picture: Collins

An appeal against the conviction of a Kinahan gunman is expected to be the first case challenging the legality of a data retention law to be determined in the wake of the Graham Dwyer decision.

The Court of Appeal reserved judgement in a case challenging the conviction of Caolan Smyth, who was given a 20-year sentence by the Special Criminal Court last year for the attempted murder of James ‘Mago’ Gately.

In February, the court ...