A drug trial in Mayo may fall apart as the man charged with the crime is legally recognised by the State as a woman.

The defendant who was born a man was named as ‘Patrick’ on the arrest warrant, even though the person had at the time obtained a gender recognition certificate that legally changed his gender to ‘female’ and his name to ‘Fiona’. The State returned to Castlebar District Court on Wednesday to change the name on the summons.

Nicola Daly, solicitor for the defendant, objected to the application made by the state, contending the person named on the summons no longer existed. The defendant had legally changed her name by deed poll and obtained a gender recognition certificate in June 2016, well before the arrest and subsequent charge for a drugs offence. Daly said that any attempt to amend the summons would compromise the defendant’s constitutional and human rights under the Gender Recognition Act.

Joe McKenna, a superintendent at Castlebar Garda station, said the state would continue to argue that the defendant was the same person and should be tried as such, regardless of the incorrect name filed on the summons.

The judge adjourned the matter to a November 21 sitting of Castlebar District Court, where evidence will be heard from Gardai of what details were provided by the transgender person at the time of the arrest.