Solicitors' strike delays court progress in case of Cork man accused of assault

The judge suggested that advice be taken from the state solicitor or the DPP’s office

The legal issues arising out of the solicitors’ strike on sending a man forward from the district court to the circuit court for trial are to be addressed in a case at Cork District Court on July 30. File picture: Larry Cummins

Legal issues arising out of the solicitors’ strike on sending a man forward from the district court to the circuit court for trial are to be addressed in a case at Cork District Court on July 30.

Sergeant John Dineen said at Cork District Court on Thursday that a book of evidence was ready to be served on 33-year-old Alan McCarthy of 50 Glencurrig, South Douglas Road, Cork, who is accused of breaking another man’s jaw.

Judge David Waters said certain issues arose in the sending forward of a case for trial by judge and jury.

“We have been treading water in the solicitors’ strike and there are certain things we can do. But a number of matters arise once a book of evidence is being served,” he said.

These issues include the alibi warning to be given to the accused about legal notices that have to be given if there is reliance on an alibi defence, renewal of bail and whether there will be a signed plea of guilty.

The judge said that talking to other judges they had grave reservations about dealing with matters like those without a defendant having a solicitor.

Judge Waters suggested to Sergeant John Dineen that advice be taken from the state solicitor or the DPP’s office. Judge Waters said he was not indicating on Thursday if he would send Alan McCarthy’s case forward for trial at the circuit court on July 30.

It is alleged in the case that just before 1.30am on Friday, December 5, 2025, a man entered the back garden of the house at The Crescent, South Douglas Road, Cork, as a trespasser, via a side entrance.

During this incident, the resident disturbed this intruder at the side entrance of the house. Following an altercation other family members assisted and the intruder was brought to the front of the house.

The home owner alleged that in the first encounter the intruder walked past him, kneed him in the stomach, grabbed the back of his hood and punched down on his face and body four or five times. 

The injured party then felt another hard connection with his face and he fell onto the ground. His jaw was fractured and he needed surgery.

Sergeant John Dineen said the defendant was charged with assault causing harm, as well as trespassing and allowing himself to be carried in a stolen car.

Judge Waters said it was possible that one case on a book of evidence could be sent forward but the circumstances of another case might mean that it would not be sent forward.