A solicitor acting on behalf of Councillor Frank McBrearty has said he strongly objects to summons’ in his client’s case being sent to a solicitor representing Donegal County Council.
Councillor McBrearty’s case was called before Letterkenny District Court this week.
He is charged with a breach of the peace at the Aura Leisure Centre in Letterkenny on March 28th, 2022.
He is charged that he did use or engage in threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace might have been occasioned.
The charge is Contrary to Section 6 of the Criminal Justice (Public Order) Act, 1994.
The case was initially adjourned back to a sitting of the court to take place on January 31st next as suggested by Councillor McBrearty’s solicitor Mr Patsy Gallagher.
Councillor McBrearty, of Tullyvinny, Raphoe, was not in court for the brief mention.
Solicitor for Donegal County Council, Mr Michael Staines asked Mr Gallagher if he would be prepared to send him the summons’ in the case.
Mr Staines said he understood that Gardai had no issue with this and that he was merely here in court “on a watching brief.”
He also revealed that as well as acting for Donegal County Council in the case, he was also acting on behalf of six different witnesses in the case arising out of six or seven incidents on the day of the allegations.
The identities of these witnesses were not outlined to the court.
Mr Staines added that he was merely asking for a copy of the summons’ citing that members of the press had access to these documents.
He added that these were “public documents” and that he was requesting copies “so I can do my job properly” saying he would prefer the court to give an order in the case.
Reacting, Mr Gallagher asked the court if Dublin was “doing a checklist on Donegal?”
He added that to say he was concerned would be an understatement adding that “any person is considered innocent until proven guilty.”
Mr Gallagher added that he had no problem with Mr Staines as a colleague but asked was he acting for a body corporate in Donegal County Council or members of the public?
Garda Sergeant Jim Collins said that his instructions were that there were no objections to the summons being given to Mr Staines but said he was in Judge Eiteain Cunningham’s hands.
Judge Cunningham said that at this stage the case had been adjourned to January 31st and that Mr Staines was “perfectly entitled to be here on a watching brief.”
She added that it would be “unusual” (to allow the summons’ to be given out) and that she would be hesitant to make an order after what had been opened to her.