Donegal judge cites concern over serving book of evidence during solicitors’ strike - Donegal Daily

A Donegal Judge has expressed concern at allowing the service of a book of evidence in a case during the strike action being taken by criminal legal aid solicit...

A Donegal Judge has expressed concern at allowing the service of a book of evidence in a case during the strike action being taken by criminal legal aid solicitors.

Judge Éiteáin Cunningham was speaking at Ballyshannon District Court.

The case of Ballyshannon woman Linda Gallagher was mentioned before the court. A book of evidence had been due to be served with Gallagher to be sent forward to Donegal Circuit Court.

Gallagher, a 59-year-old of Assaroe View, Ballyshannon, is charged with assault causing harm on a date in 2022. The charge is contrary to section 3 of the Non-Fatal Offences Against the Person Act, 1997.

By the time the case was called, several solicitors had already noted that they were withdrawing their services due to the ongoing industrial action. The majority of criminal legal aid solicitors across the country have been engaged in a withdrawal of services since June in protest at a new legal aid model which came into being in July.

Addressing the case of Gallagher, Judge Cunningham said she was concerned about administering the alibi warning while there was a withdrawal of service and the accused could not be advised by a solicitor.

“In the hope that there is a resolution.” Judge Cunningham extended time for the service of the book of evidence.

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“There should be white smoke by then, I hope,” Judge Cunningham added.

Gallagher was not present at Ballyshannon courthouse and the judge said the accused ought to be present on the next occasion.