Donegal County Councillor Frank McBrearty has been charged with participating 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 cheap excuse, wilfully stop or interrupt the free passage of a automobile within the mentioned public place.
The fees relate to an incident involving one other Donegal County Councillor and had been talked about at immediately’s sitting of Letterkenny District Courtroom.
Mr McBrearty was not in courtroom for the brief listening to.
The summonses for the alleged offences had been served on a property at Tullyrap, Raphoe, whereas Councillor McBrearty resides at Tullyvinney, Raphoe.
Solicitor for the accused, Mr Patsy Gallagher, mentioned there have been questions for the State to reply on the place the tackle had been sourced from and why the summonses had been issued to this tackle.
The Donegal County Councillor has additionally been charged with a public order offence opposite to part 6 of the Prison Justice (Public Order) Act on March 23, 2022 at Ballymacarry Decrease, Buncrana.
It’s alleged that he did use or interact 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 may need been occasioned.
The cost is related to an alleged incident exterior the Inishowen Gateway Lodge whereas the The Affiliation of Irish Native Authorities had been holding a convention
When the matter was beforehand earlier than the courtroom it was struck out because of the summons having been despatched to the incorrect tackle.
“It was struck out, not dismissed,” Choose Cunningham had instructed Mr Gallagher at Buncrana District Courtroom on Thursday final.
At immediately’s courtroom sitting, Garda Sergeant Jim Collins mentioned the State was searching 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 mentioned the summons has since been served personally on the accused at his house tackle. He mentioned the summons was reissued because it had been beforehand served on an incorrect tackle.
Sergeant Collins mentioned it was not one thing that will prejudice McBrearty and was ‘merely for recording functions’.
“He’s in fact prejudiced,” Mr Gallagher contested. “This has had numerous airplay. Why do they wish to make an modification, other than to focus on the events earlier than the courtroom.”
Choose Cunningham requested how McBrearty may very well be prejudiced if he had been served personally and a authorized consultant was in courtroom 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 mentioned the tackle was obtained from the Garda Pulse system.
“If it was acquired from Pulse, it raises questions which is able to take extra airing,” Mr Gallagher mentioned.
Sergeant Collins mentioned he couldn’t remark immediately on why Tullyrap was the tackle the State had for McBrearty.
Choose Éiteáin Cunningham mentioned she was noting that Mr Gallagher was appearing on the directions of his consumer, who has ‘sure points or questions he could want to elevate with the State’.
“The courtroom doesn’t see any prejudice,” Choose Cunningham mentioned. “From what has been opened, the courtroom is of a view that no prejudice arises. It’s a minor modification.”
Mr Gallagher requested that the appliance to amend the summons be adjourned.
He mentioned: “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 courtroom on a watching transient noting it was including to the price 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