Donegal County Councillor charged with assault of fellow Councillor at meeting

A Donegal County Councillor has been charged with assaulting a fellow Councillor and with stealing a mobile phone from another Councillor,.

Councillor Frank McBrearty faces four charges relating to alleged incidents at the Aura Leisure Centre, Sallaghrane, Letterkenny on July 11, 2022.

The charges arise out of alleged incidents during a special meeting of Donegal County Council.

The case was mentioned at Monday's sitting of Letterkenny District Court.

Councillor McBrearty was not present, but was represented by his solicitor, Mr Patsy Gallagher.

The 54-year-old, of Tullyvinney, Raphoe, is charged with assaulting Gerry McMonagle. The offence is contrary to Section 2 of the Non-Fatal Offences Against the Person Act, 1997.

He also faces a charge of stealing property, to wit, a Samsung S21 Ultra Mobile phone valued at €1,000, the property of Gary Doherty. The offence is contrary to Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

Councillor McBrearty is charged with using or engaging in threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace of being reckless as to whether a breach of the peace might have been occasioned. This offence is contrary to Section 6 of the Criminal Justice (Public Order) Act, 1994, as amended by Section 22 of the Intoxicating Liquor Act, 2008.

He is also charged that he did drive a vehicle without due care and attention, an offence contrary to Section 52 (1) of the Road Traffic Act, 1961 (as substituted section 4 of the Road Traffic (No.2) Act 2011).

Sergeant Jim Collins told the court that the Director of Public Prosecutions (DPP) has directed that the matter be dealt with summarily in the District Court.

Mr Gallagher said he would take instructions from his client, but asked that the Court make a statements order, to include all CCTV circulated and in the possession of An Garda Siochana, through social media or otherwise.

Mr Gallagher said these were 'well documented matters'. He said his client was 'de facto unemployed'. “There will be an application, depending on circumstances, for the State to fund the defence of this,” the solicitor said.

Judge Éiteáin Cunningham adjourned the case until October 16, 2023.