A solicitor acting on behalf of Donegal County Councillor Frank McBrearty has questioned ongoing ‘unnecessary cost’ in a case involving his client and Donegal County Council.
Councillor McBrearty’s case was called before Letterkenny District Court on Wednesday.
The 54-year-old, of Tullyvinney Raphoe, was not present for the mention. He is charged with a breach of the peace at the Aura Leisure Centre in Letterkenny on March 28, 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.
Councillor McBrearty has also been charged with a public order offence contrary to section 6 of the Criminal Justice (Public Order) Act on March 23, 2022 at Ballymacarry Lower, Buncrana.
It is alleged 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.
Mr Luke Staines, of Michael J Staines & Company Solicitors, who are representing Donegal County Council in this matter, was in the court on ‘a watching brief’.
Mr Gallagher was critical of the ongoing presence of a representative from the Dublin-based Michael J Staines & Company Solicitors being in attendance at Letterkenny courthouse for this matter at what he called ‘unnecessary cost’ to the local authority.
“It is concerning when Donegal County Council promotes shop local and they have the services of a very reputable local firm, but they have engaged senior counsel from an eminent practice from Dublin to overlook summary, minor matters” Mr Gallagher said.
And he added “He could be video-linked in as a watching brief. We have the most modern court in Ireland here and could easily be video-linked in.”
Mr Gallagher said that Councillor McBrearty is innocent until proven guilty ‘just like any other citizen’ and said the matter has had ‘a profound impact on his health’.
He asked if the State could confirm if all charges have been proffered ‘as they have come in piecemeal to me’.
“Are we at the end of the road with the charges?” he asked. “I need to know if the State is finished with their investigations and finished with the charges. My hands cannot be tied, nor can Mr McBrearty’s.”
When informed by Sergeant Collins that there was ‘another matter in the offing that has not yet been served’ and that the State was seeking an adjournment, Mr Gallagher blasted: “That is absolutely outrageous. There has to be a line in the sand somewhere.”
He said that some of the summonses were initially served with the wrong address and had been reapplied for. He said the alleged offences go back two years now.
Judge Ciaran Liddy, noting that it would be ‘unusual to wait until someone is finished offending’ before proceeding, said he was keen to fix a hearing date and ‘get on with it’.
Mr Gallagher said that the various charges all involve the same witnesses, who he said are represented by the one firm, the same parties and venues.
“I think that it’s best to move the matter along,” Mr Gallagher said.
Sergeant Collins said gardai were seeking to bring ‘all matters’ before the Court and there remains one outstanding matter.
Mr Gallagher addressed the court and said that Mr Michael Staines had sought copies of charges and statements on a previous date.
“Everybody is entitled to a watching brief in the general public,” Mr Gallagher said. “The general public is not entitled to see the allegation, the evidence against him. The summons, maybe, but not the substantive evidence. These are ongoing minor matters.”
Mr Gallagher said that members of the press were entitled to see court documents to ensure that factual evidence is correct.
As the matter was being closed for the day, Mr Staines told the court that the firm was requesting ‘a copy of summonses, not substantive evidence’.
At a previous sitting of the court, Mr Michael Staines said 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.
On that occasion, 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 different incidents on the day of the allegations. The identities of these witnesses were not outlined to the court.
Judge Liddy adjourned the case until April 22, 2024.