Legal aid dispute means court unable to serve book of evidence on Ballinlough man accused of murdering his mother

The book of evidence was available in court for the second time to be served in the case against the young man from Ballinlough who is accused of murdering his mother and injuring his father last November — but again in court this week, it could not be served because of the absence of legal representation due to the dispute over free legal aid.

Two weeks ago, defence solicitor Shane Collins-Daly said at Cork District Court: “I understand the book of evidence is ready to be served, but I spoke to him at Cork Prison to advise him that I would not be able to act for him.”

This week, the book of evidence was brought to court by one of the investigating detectives in the case, but again there was no legal representation.

Judge David Walters addressed the accused man, David Gallagher, saying: “You are aware of the solicitors’ strike.

“I can put the matter back for two weeks so your solicitor can assist you when you are being sent forward, do you want to do that?” 

The defendant replied: “Yeah”.

The judge added: “If the solicitors’ strike is resolved in the meantime, an application could be made to have you here in person [for service of the book of evidence].”

The accused, David Gallagher, appeared by video link from prison.

Judge Waters remanded the accused in custody until July 28.

As well as the murder and assault charges, David Gallagher is additionally charged with causing criminal damage to the family home on the same occasion.

The first charge states: “On November 17, 2025, at Shrewsbury Downs, Ballinlough, in the district court area of Cork city, district number 19, he did murder Stella Gallagher, contrary to common law.”

The second charge states: “On November 17, 2025, at Shrewsbury Downs, Ballinlough, in the District Court area of Cork city, district number 19, he did assault Brian Gallagher causing him harm, contrary to Section 3 of the Non-Fatal Offences Against the Person Act.”

The third change states that at the family home at Shrewsbury Downs, Ballinlough, Cork, without lawful excuse, the accused man did damage property, to wit, a front window and front window frame, intending such damage or being reckless as to whether such property would be damaged, contrary to the Criminal Damage Act.