Judge rules Wicklow publican liable for his own legal fees over case that was dropped
The Wicklow PeopleWicklow publican Alan Dignam has been told he must pay his own defence bill after a judge refused an application to have his fees treated at the legal-aid rate arising from a 2022 case that was later dropped.
Mr Dignam (52), proprietor of The Woodpecker pub in Ashford, Co Wicklow, was represented by his legal team at Wicklow Circuit Criminal Court this week, where his barrister, Justin McQuade, instructed by Brendan Maloney Solicitors, appeared on his behalf for a hearing related to an application for legal costs.
Mr Dignam is a well-known Wicklow publican who also runs the N11 @ Ashford House, and is associated with the N11 Avondale restaurant in Rathdrum.
The hearing relates to a 2022 case in which Mr Dignam and his co-accused, Noel Byrne of 49 Ballinalea, Ashford, were charged following an alleged incident at Ballinahinch in February 2022.
Both men had been brought before Wicklow District Court on charges of making threats to kill under the Non-Fatal Offences Against the Person Act, with Mr Dignam later granted High Court bail under strict conditions, including a nightly curfew, regular garda station sign-ons, and a ban on contacting witnesses or associating with Mr Byrne.
The case was dropped after the injured party, Jay Taylor, refused to give evidence against Mr Dignam or Mr Byrne, either in person or via video link.
The hearing before Wicklow Circuit Criminal Court concerned legal costs incurred by Mr Dignam, with his defence team seeking to have his fees paid at the legal-aid rate. The court heard that his co-accused had been granted legal aid during the original proceedings, and the defence argued that it would be only fair for Mr Dignam’s costs to be treated on the same basis.
Counsel for the defence told the court that Mr Dignam claims Mr Taylor made threats against him, including statements relating to his young child. The court was told that an email allegedly sent to Mr Dignam and Mr Byrne stated: “I am going to r**e your daughter.” Mr Dignam reported the matter to gardaí, but claims no action resulted from the investigation.
The court heard that a signed affidavit had been submitted by Detective Sergeant Barry Turner.
Mr McQuade described the affidavit as “prejudicial” and a “scandalous statement”.
The affidavit allegedly claimed that Mr Dignam’s links to criminality were “undeniable”, suggesting that Mr Byrne was “a convicted drug dealer” and stating that Mr Dignam was an associate of Stephen Moran, with additional references in the document to “petrol bombs”.
Defence counsel argued that Mr Dignam’s only connection to Mr Moran was that Mr Moran had previously worked as a chef in one of his restaurants.
The court heard that the case was returned for trial in June 2022, but Mr Taylor refused to testify. The case wasn’t dropped until November 2024.
Mr McQuade argued that the case went on longer that it should have as there was no appearance from the central witness and the alleged offensive material sent by Mr Taylor would have been used in defence of the alleged accusation of threats to kill.
Judge Patrick Quinn refused the application and ruled that Mr Dignam is liable for his own defence costs.