Donegal County Councillor Frank McBrearty has been charged with partaking in threatening, abusive or insulting phrases with intent to impress a breach of the peace.
The cost pertains to an incident at Donegal County Council County Home automotive park, The Diamond in Lifford on December thirteenth, 2021.
The 54-year-old has additionally been charged that, on the identical date on the identical location that he did with out lawful authority or affordable excuse, wilfully stop or interrupt the free passage of a automobile within the stated public place.
The costs relate to an incident involving one other Donegal County Councillor and have been talked about at in the present day’s sitting of Letterkenny District Courtroom.
Mr McBrearty was not in court docket for the quick listening to.
The summonses for the alleged offences have been served on a property at Tullyrap, Raphoe, whereas Councillor McBrearty resides at Tullyvinney, Raphoe.
Solicitor for the accused, Mr Patsy Gallagher, stated there have been questions for the State to reply on the place the tackle had been sourced from and why the summonses have been issued to this tackle.
The Donegal County Councillor has additionally been charged with a public order offence opposite to part 6 of the Felony Justice (Public Order) Act on March 23, 2022 at Ballymacarry Decrease, Buncrana.
It’s alleged that he did use or have interaction in threatening, abusive or insulting phrases or behaviour with intent to impress a breach of the peace or being reckless as as to whether a breach of the peace might need been occasioned.
The cost is related to an alleged incident exterior the Inishowen Gateway Lodge whereas the The Affiliation of Irish Native Authorities have been holding a convention
When the matter was beforehand earlier than the court docket it was struck out as a result of summons having been despatched to the improper tackle.
“It was struck out, not dismissed,” Decide Cunningham had advised Mr Gallagher at Buncrana District Courtroom on Thursday final.
At in the present day’s court docket sitting, Garda Sergeant Jim Collins stated the State was looking for to amend the tackle on the summons.
Mr Gallagher requested if Gardai might advise the place the tackle was obtained and why an modification was required at this stage.
He stated the summons has since been served personally on the accused at his dwelling tackle. He stated the summons was reissued because it had been beforehand served on an incorrect tackle.
Sergeant Collins stated it was not one thing that might prejudice McBrearty and was ‘merely for recording functions’.
“He’s after all prejudiced,” Mr Gallagher contested. “This has had quite a lot of airplay. Why do they wish to make an modification, aside from to focus on the events earlier than the court docket.”
Decide Cunningham requested how McBrearty might be prejudiced if he had been served personally and a authorized consultant was in court docket on his behalf.
“Why was it served on Tullyrap within the first place?” Mr Gallagher requested. “The place is the confusion right here? The place was that tackle acquired from?”
Sergeant Collins stated the tackle was obtained from the Garda Pulse system.
“If it was acquired from Pulse, it raises questions which can take extra airing,” Mr Gallagher stated.
Sergeant Collins stated he couldn’t remark instantly on why Tullyrap was the tackle the State had for McBrearty.
Decide Éiteáin Cunningham stated she was noting that Mr Gallagher was appearing on the directions of his consumer, who has ‘sure points or questions he could want to increase with the State’.
“The court docket doesn’t see any prejudice,” Decide Cunningham stated. “From what has been opened, the court docket is of a view that no prejudice arises. It’s a minor modification.”
Mr Gallagher requested that the applying to amend the summons be adjourned.
He stated: “If the established order stays till the Chief Superintendent can write to me and furnish statements on all issues.”
Mr Gallagher additionally famous the presence of Donegal County Council’s solicitor, Mr Michael Staines, in court docket on a watching transient noting it was including to the fee to the general public.
The case was adjourned till October 3, 2023.
Councillor charged over breach of peace incident at council carpark was final modified: July seventeenth, 2023 by