Cllr Frank McBrearty Jnr has been charged with public order offences
Donegal county councillor Frank McBrearty Jnr is facing public order charges in relation to an incident outside Donegal County Council’s offices in Lifford last year.
The independent councillor is due to appear at Letterkenny District Court on October 17 charged with the obstruction of a vehicle under Section 9 of the Criminal Justice (Public Order) Act, 1994 on December 13, 2021 at the car park of County House in Lifford.
Cllr McBrearty, of Tullyrap, Raphoe, is also charged with breach of the peace under section 6 of the Criminal Justice (Public Order) Act, 1994 at the same location.
The charges relate to a confrontation between Cllr McBrearty and Buncrana Sinn Féin councillor Jack Murray, who was then cathaoirleach of the local authority.
The confrontation, a video of which was widely circulated on social media, took place shortly after a council meeting that both men had attended.
It is alleged that Cllr McBrearty “without lawful authority or reasonable excuse, wilfully prevent or interrupt the free passage of a vehicle”.
It is also 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”.
In June this year, Cllr McBrearty said the investigation into the incident was “harassment”.
“In due course, I will defend and prove these latest allegations in the criminal and civil courts are false as I did previously in the battle for justice against the Irish State."
The former Fine Gael and Labour councillor was awarded €1.5m in legal action against State in 2005 after the Morris Tribunal found gardaí had attempted to frame him for the murder of Richie Barron in 1996.
In February this year, Donegal County Council secured a High Court order restraining Cllr McBrearty from attending its meetings for a month after he was suspended for alleged disorderly conduct at council meetings.
In July, councillors voted in favour of the local authority commencing High Court proceedings prohibiting Cllr McBrearty “from repeating defamatory statements and restraining him from further abusing and haranguing council staff and elected members and acting other than in accordance with the code of conduct”.
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