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06 Sept 2025
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06 Sept 2025
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Councillor Frank McBrearty Jnr. (North West Newspix)
A case involving a Donegal County Councillor, who has been charged with assaulting a fellow councillor and with stealing a mobile phone from another councillor, has been adjourned.
Councillor Frank McBrearty faces four charges relating to alleged incidents at the Aura Leisure Centre, Sallaghrane, Letterkenny on July 11, 2022.
The case was listed before Judge Ciaran Liddy at Monday’s sitting of Letterkenny District Court.
Mr Patsy Gallagher, solicitor for Councillor McBrearty, asked that the case be mentioned early to enable a Dublin-based solicitor, Michael Staines, who is acting for Donegal County Council, be free to leave.
Mr Gallagher told the court that the early mention of the case would mean a ‘saving for the taxpayers of Donegal’.
The charges arise out of alleged incidents during a special meeting of Donegal County Council.
The 54-year-old Councillor McBrearty, 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).
Previously, the court heard that the Director of Public Prosecutions (DPP) has directed that the matter be dealt with summarily in the District Court.
The case was adjourned until January 15, 2024.
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