Solicitors' strike means third failure to serve book of evidence on Ballinlough man on murder charge
David Gallagher is additionally charged with causing criminal damage to the family home on the same occasion. Picture: Eddie O'Hare
The solicitors’ strike resulted in the book of evidence not being served today, for the third time, on the young man from Ballinlough who is accused of murdering his mother and injuring his father last November.
Sergeant John Dineen said the book of evidence was ready to be served. Detective Garda Neil Walsh was present at Cork District Court with the book of evidence available for service.
David Gallagher appeared in court by video link from prison. Judge David Waters asked him if he had spoken to his solicitor, and the defendant replied: “He says he is on strike.”
Asked about his attitude to having the book of evidence served on him in the absence of legal representation, the accused said, in relation to his solicitor’s advice, “He said I should wait until he is here.”
In that event, Judge Waters said he would remand the accused in custody until August 10 for service of the book of evidence. That will be the fourth occasion where the case is listed for service of the book of evidence.
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.
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