A criminal case was struck out at Letterkenny District Court after Gardaí mistakenly believed the accused was receiving legal aid and that his solicitor was affected by the ongoing industrial action.
The accused man, who is in his 50s, represented himself in court and sought to have his case heard.
He told Judge Emile Daly that he was never a part of the legal aid scheme. The investigating Garda was not present in court and the case was struck out.
Criminal legal aid solicitors have been engaged in industrial action since June. Few cases are proceeding in the local District Court.
The defendant told the Court that he had been advised by Sergeant Maurice Doyle that the State would be seeking an adjournment.
“I respectfully oppose any such application,” he told the court.
The man was charged with public order offences in Letterkenny in December, 2025. He was charged with using threatening, abusive or insulting behaviour in a public place, contrary to section 6 of the Criminal Justice (Public Order) Act, 1994. He was also charged with being intoxicated in a public place, contrary to section 4 of the same Act.
He said that the case was previously before the Court and the investigating Garda was present.
The man said that the Garda was not present as it was a mistaken belief that he was in the legal aid scheme.
“I have my witness here today, I am fully prepared and I want to proceed,” the man said.
He told the court that he had discharged a solicitor last week. The solicitor, who was present in court, confirmed that no application for legal aid had been made at any time in this case.
Judge Daly said it was a “difficult situation” for the State to be in “as most matters are legally aided.”
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Sergeant Doyle told the court that the man informed him that he was self represented. He said it was the case that the State was of the opinion that the man was on legal aid and that his case would not be progressing.
Sergeant Doyle said if there was a short remand in the case that the Garda would then be available.
The man added: “I have taken today off work and so has my witness.; The fact that I am self-represented shouldn’t prejudice my case. I am ready for the case and I have never been under legal aid.
“I have been summoned here and I want it dealt with.”
Judge Daly said the difficulty for the State was the wrong assumption. Judge Daly noted that the matter was in for hearing.
While adding that she could understand how the difficulty arose, Judge Daly said that the matter could proceed, but when the State confirmed that it had no evidence to offer, the charges were struck out.
Over 6,000 cases have been affected by the ongoing industrial action by criminal legal aid solicitors.
In Donegal, there was a 100% drop in the number of criminal legal aid certificates issued by the District Courts, falling from 215 in July 2025 to 0 in July 2026.
A flat fee payment of €520 in relation to criminal legal aid, regardless of the number of court appearances, came into being on July 1, but criminal legal aid solicitors are dissatisfied with the scheme, prompting the onset of action in June that is still continuing.
Funded by the Courts Reporting Scheme