Donegal Councillor withdraws application to transfer case to Dublin court

A Donegal County Councillor has withdrawn an application seeking to have a court case transferred to a court in Dublin.

The case of Councillor Frank McBrearty was before Letterkenny Circuit Court.

Councillor McBrearty, 56, of Tullyvinney, Raphoe, is charged with stealing property, to wit, a Samsung S21 Ultra Mobile phone valued at €1,000, the property ofGary Doherty. The offence is contrary to Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

The charge arises out of an alleged incident during a special meeting of Donegal County Council at the Aura Leisure Centre, Sallaghrane, Letterkenny on July 11, 2022.

The case was listed for a pre-trial hearing at Letterkenny Circuit Court.

Councillor McBrearty was present in court for the brief mention before Judge John Aylmer.

However, Mr Ciaran Elders BL, barrister for Councillor McBrearty, told the court: “We are going to withdraw the application”. 

Mr Elders said there was a motion and affidavit drafted which had been provided to the prosecution and asked the court to note this as a trial date.

The application was seeking an order transferring the proceedings to the Dublin Circuit and for costs.

A book of evidence was served on Councillor McBrearty in September. Then, at Letterkenny District Court, his solicitor Mr Patsy Gallagher, said the case had already received some notoriety and added that the case will be fully-contested.

In May 2024, when Councillor McBrearty indicated that he was seeking to have his case heard at the Circuit Criminal Court in Dublin, Mr Gallagher told a sitting of Buncrana District Court that the application would be made “in the interest of fair trial.”