SLAIN Rachel Callaly’s mother believes Graham Dwyer’s European Court victory has given psychos across Ireland “the green light” to get away with murder.
In an exclusive interview, Rose Callaly, whose daughter Rachel was brutally murdered by her husband Joe O’Reilly in 2004, said she was “absolutely devastated” by the European Court of Justice’s ruling this week that Ireland’s system of retaining and accessing mobile phone metadata breaches EU law.
All of that data was key to the State’s case against Dwyer for the 2012 murder of Elaine O’Hara — and the ruling could now significantly help the convicted murderer in his appeal.
Read more: EU Court of Justice rules in favour of Graham Dwyer in privacy case
For Rose, whose daughter’s killer was similarly nailed only because of his mobile phone — the ruling is a crushing blow.
“It is just dreadful and I’m absolutely devastated,” she said.
“This will hinder the gardai from trying to do their work.”
Rose says she believes the ruling not only hinders the job of gardai, but that it will encourage psychos like the man who murdered her daughter, and Graham Dwyer, to carry out killings — without fear of getting caught.
“If he is of that mind, he’s out there trawling, and the likes of him are doing the same — trawling for vulnerable people and now they have gotten the green light.
“I just feel absolutely devastated.
“For every one of us, they [The European Court] have ruled for evil against plain, simple morals and compassion.
“Not only with him, but the likes of him will have no fear now.
“They’re very very cunning and I feel it’s a death knell for our freedom and our safety. I really do. I just feel so downhearted,” she said.
Thankfully in Rose’s case, Joe O’Reilly cannot avail of the EU law as his murder conviction pre-dates the issue.
But for killers like Dwyer, and any future murderers, the ruling may mean gardai won’t be able to trawl through their metadata to find incriminating evidence — as it breaches an individual’s privacy.
Despite going through a horrific trial herself, Rose says the murder trial of Graham Dwyer was especially harrowing to hear about — and taught her that Ireland is potentially rife with psychopaths.
“I learned things in that trial that I’ve never heard before. I was just so appalled, absolutely appalled at what people are able to do.
“They don’t all get caught. But I felt the police worked so hard on that case and I felt well at least they’ll catch every one in however many and they will answer for what they’ve done,” she said.
Rose, who has been tirelessly campaigning for a better justice system in the years following her daughter’s death, says she’s now questioning her respect for the EU after this ruling.
“The EU has great values but they certainly don’t have them all. If it involves all of us we should have been made aware of all this stuff before we signed up,” she added
The case will now go back to the Supreme Court.
But his appeal will be determined by the Court of Appeal.
In a statement to this paper gardai said they noted the judgement.
“An Garda Síochána notes the judgement and will liaise with the Department of Justice on this matter,”the force said.
This week it separately emerged that Garda use of data retention powers has plummeted by 80 per cent between 2018 and 2021 after the High Court ruling.
In a statement, Minister for Justice, Helen McEntee, said: “The Department will consider, with the attorney general’s office, the judgement of the Supreme Court when the case is finalised.”
READ MORE: Former pen pal of killer Graham Dwyer hoping to reconnect if he's released from prison
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