Legal aid strike see fresh wave of adjournments at Donegal courts - Donegal Daily

Several cases were adjourned at today’s sitting of Letterkenny Circuit Court with industrial action by criminal legal aid solicitors continuing.The dispute, whi...

Several cases were adjourned at today’s sitting of Letterkenny Circuit Court with industrial action by criminal legal aid solicitors continuing.

The dispute, which centres on a row over a new legal aid payments system, is now in its seventh week and hundreds of cases before District and Circuit Courts in Donegal have had to be adjourned.

The scheduled two-week Trinity sitting of Letterkenny Circuit Court was affected by two days of all-out action by criminal defence solicitors last week while that measure returned today. Until then, solicitors had acted for people in custody and young people.

There were 13 people listed before Judge John Aylmer, with just two of those cases able to proceed, while another matter on the District Court Appeals list also had to be adjourned.

A flat fee payment came into being on July 1 and the Minister for Justice, Jim O’Callaghan confirmed this evening to legal representatives that there were some changes being proposed.

While he is sticking to a flat fee payment of €520 for criminal legal aid cases, he has now suggested paying two-thirds at the start and the remaining payment either at the conclusion of the case or 12 months later.

Minister O'Callaghan has said that the new scheme does allow for a new certificate to be issued when charges are distinct and separate to any other court appearance made by that person.

The President of the Law Society, Rosemarie Loftus, said: "The Law Society received correspondence from the Minister for Justice this afternoon which has been circulated to criminal law solicitors.

"The Chair of the Criminal Law Committee will be calling a meeting of practitioners to discuss the contents. The Law Society is seeking clarification from the Department of Justice on a number of matters in advance of that meeting."

The impact was witnessed at Letterkenny Circuit Court where the bulk of the defendants, all of whom are in custody, saw their cases put back into the October sitting of the court.

In the matter of a 40-year-old man who was extradited back to Ireland to face burglary charges, Barrister Mr Peter Nolan BL, said that he was not instructed due to the withdrawal of services and was, therefore, in a position of not being able to proceed.

The man appeared via video link and Judge Aylmer said that his case would “have priority”.

The matter was adjourned until October and Judge Aylmer explained to the accused man that he had “no option” but to do so.

Two men facing sentencing for an aggravated burglary while armed with slash hooks have been in custody since June, 2025.

Mr Sean McGee BL, representing one of the men, told Judge Aylmer that he was not instructed due to the action.

Judge Aylmer explained separately to the two men, who were before the court via video link, that their cases would have to be adjourned.

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One of the men is also facing sentence for other charges in relation to a separate date, including making threats to kill, assault, producing an offensive weapon and also making threats to damage a property.

A legal aid certificate was extended by Judge Aylmer to cover a senior counsel in the case of a man awaiting a trial for serious charges, while a matter listed “for progress” was also shelved until later in the year due to the action.

A Letterkenny man, who is awaiting sentence on robbery and drug-dealing charges, appeared before the court by video link. The 21-year-old has been in custody since last year.

His Barrister, Mr Ivan Toner BL, told the court that there was a withdrawal of services so he was not instructed.

Barrister for the State, Ms Fiona Crawford, said that the case was for sentencing and there was not an application from the State for an adjournment.

Judge Aylmer explained to the defendant that there was a “difficulty between solicitors and the Minister” which meant that he had no representation and meant that the case had to be adjourned.

A man who is in custody on remand awaiting sentencing for violent disorder and drug-dealing charges was brought to court from prison, but his barrister, Mr Eugene Grant SC, explained that he had not been able to obtain instructions due to a legal services dispute.

Judge Aylmer said: “Unfortunately your legal team is anxious to have this dealt with as soon as possible, but there is a dispute and that has yet to be resolved. It is better that the matter is adjourned until next term, when I hope that you will have representation.”

Mr Colm Smyth SC told the court that he was representing a client whose trial may not have been able to conclude this week in any event due to time constraints. “It is affected by the withdrawal of services, but that is a moot point in any event,” Mr Smyth said.

Mr Nolan requested a psychiatric report in the case of another man who is in custody having been charged with hijacking a car and later ramming a Garda patrol car.

“I am making the application in ease of everyone,” Mr Nolan said, having advised that the case was also affected by the strike. His request was granted by Judge Aylmer.

Only two matters on the criminal list went on. Neil Ferry, a 69-year-old Falcarragh man was jailed for 12 years for “sustained and systematic” sexual abuse of nine young victims over a 17-year period.

Ferry was found guilty by a jury of 34 charges earlier this year and a sentencing hearing had already taken place, paving the way for Judge Aylmer to impose sentence.

Another case saw a defendant ruled as unfit to plead and a guilty plea previously entered was set aside. He was remanded in custody, but the court heard that the prison governor has deemed that the Central Mental Hospital is the appropriate place for the man.

Last Tuesday, on the first day of the Circuit Court term, over 300 cases were adjourned. Some 228 cases on the criminal list were adjourned into the October session with a further 87 on the District Court appeals list also put back.

Around 150 cases that were due before Judge Emile Daly at Tuesday’s sitting of Buncrana District Court were adjourned while over 200 cases at Monday’s sitting of Letterkenny District Court were also put back.

A High Court challenge to the new system is due to be heard later this week.