Legal aid strike confusion causes case to be struck out - Donegal News

A MAN charged with two separate offences had both cases against him struck out due to the ongoing solicitors’ strike. The defendant, a 50-year-old who appeared at Letterkenny District Court, was accused of two public order offences. Both were thrown out of court when it was wrongly assumed by gardaí that legally aid was being applied […]

A MAN charged with two separate offences had both cases against him struck out due to the ongoing solicitors’ strike.

The defendant, a 50-year-old who appeared at Letterkenny District Court, was accused of two public order offences.

Both were thrown out of court when it was wrongly assumed by gardaí that legally aid was being applied – and therefore the cases would not be progressing on the day.

The accused pleaded not guilty and was determined to have his case heard.

He represented himself in the court last Thursday due to a legal aid mix-up.

Solicitors across Ireland have been withdrawing their legal aid services since June when a new pay model was introduced by Minister for Justice Jim O’Callaghan.

It has been reported that in recent weeks, some solicitors in 13 counties, including Donegal, have been taking on legal aid work, but Donegal solicitors have said they remain united in the strike.

The man was charged with using threatening, abusive, or insulting words or behaviour in a public place with the intent to provoke a breach of the peace, or being reckless.

The offence is contrary to Section 6 Criminal Justice (Public Order) Act 1994.

He is also accused of being intoxicated in a public case, contrary to Section 4 of the Criminal Justice (Public Order) Act, 1994.

He told the court that gardaí had wrongly assumed he would be applying for legal aid.

However his solicitor, who he had discharged last week, appeared in court to confirm that no legal aid application had been made.

The man told the court that he was a businessman and had never availed of legal aid, adding that both he and his witness had taken the day off work to have his case heard.

He told Judge Emile Daly: “I am fully prepared and I want to proceed.”

He added to Judge Daly that Garda Sergeant Maurice Doyle had advised him that the State would apply for an adjournment.

The accused said: “I respectfully oppose any such application.”

He told the judge that the case had been before the court previously, when it is understood that the investigating garda was present.

Garda Sgt Doyle said that if there could be a short remand on the case, the investigating garda would be present.

Sgt Doyle said that the State had been of the opinion that the man would be legally aided and that the case would not be progressing.

Judge Daly said that it was a difficult situation for the State, but that the case was due for hearing.

Sgt Doyle said that the State had no evidence to offer on the day.

The case was later struck out of court and both charges were dropped.

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