A judge presiding in the trial of four men accused of abducting and assaulting Quinn Industrial Holdings director Kevin Lunney has questioned why the Court of Justice of the European Union has not set out in simple terms how police forces can access mobile phone data.
Mr Justice Tony Hunt said "it would be nice" if the court outlined simply how phone data can be obtained for national security purposes and setting out how and when gardai can look at data retained by phone companies.
Mr Justice Hunt spoke following six days of legal argument over the admissibility of mobile phone data evidence.
The prosecution has said the evidence shows the movements of the accused men and contacts they had with one another and a fifth man who is alleged to have orchestrated the offences.
Counsel for the Director of Public Prosecutions is seeking to show that previous judgements by the European and Irish courts do not prevent gardai from accessing personal phone data when investigating serious crime.
Mr Guerin has referred to several judgements of the European and Irish courts and numerous EU directives about the mass retention of phone data.
Lawyers for the four accused men say the judgements show that mass retention of mobile phone data is not allowed under EU law as it interferes with the privacy rights of citizens.
Following a High Court judgement, which found that the Communications (Retention of Data) Act 2011 contravened EU law, Counsel said gardai were left in a situation where, "they couldn't stop investigating crime. They had to try to identify methods that would allow them to discharge their duty to the State, to vindicate the rights of citizens."
Gardai turned to search warrants as a way of accessing mobile phone data. He said the evidence obtained was "highly probative, highly valuable evidence" and should be admitted in the trial.
Mr Justice Hunt, sitting with Judge Gerard Griffin and Judge David McHugh, said the court will deliver its decision on the admissibility of the mobile phone evidence next week.
The prosecution will continue with CCTV evidence this Thursday.
