Book of evidence could not be served on Cork man accused of murdering his mother due to solicitors' dispute

David Gallagher's solicitor told court he spoke to him at Cork Prison to advise him he would not be able to act for him

David Gallagher is charged with murdering his mother, injuring his father, and causing criminal damage to the family home. File picture: Eddie O'Hare

The book of evidence available in court 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 could not be served because of the absence of legal representation due to the dispute over free legal aid.

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.” 

Sergeant Aisling Murphy confirmed: “The book of evidence is ready.” 

Judge Miriam Walsh said she was not going to send the case forward from the district court to the Central Criminal Court without the defendant having legal representation.

The accused, David Gallagher, appeared by video link from prison, whereby the book would have been served on his solicitor in Cork District Court acting on his behalf. 

Judge Walsh remanded the accused in custody until July 14 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.

When this matter first came before the court last November, Mr Collins-Daly said: “I would ask the court to direct that he receive urgent medical and psychiatric evaluation on his arrival in Cork Prison.”