Public order charge for Councillor Frank McBrearty Jnr returns to court
A solicitor told the court that there was ‘some difficulty with the charge’ with a summons having been sent to the wrong address on a previous occasion
A Donegal County Councillor has been charged with a public order offence at a venue that was hosting a conference attended by councillors from across the country.
A case involving Councillor Frank McBrearty Jnr was before Buncrana District Court on Thursday.
The 54-year-old has 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.
The charge is connected to an alleged incident outside the Inishowen Gateway Hotel while a conference was taking place.
The Association of Irish Local Government conference was attended by Minister of State for Local Government and Planning Peter Burke.
When the matter was previously before the court it was struck out due to the summons having been sent to the wrong address.
The case was listed again on Thursday at Buncrana District Court. Councillor McBrearty was not present for the brief hearing.
Solicitor for McBrearty, Mr Patsy Gallagher, told the court that there was ‘some difficulty with the charge’. Mr Gallagher said this was the second time the matter was before the court having been previously struck out.
“It was struck out, not dismissed,” Judge Cunningham remarked.
Sergeant Sean McDaid applied to amend the charge.
Mr Gallagher said he had only been informed on the morning of the court of the application for an amendment.
“There is a substantial difficulty with addresses,” Mr Gallagher said, asking that the case be linked to ‘overall matters’ at Letterkenny District Court on Monday.
Sergeant McDaid told the court that he was applying to amend the summons ‘at the earliest possible date’.
“That was the last date,” Mr Gallagher contested.
Judge Cunningham said the summons was reissued and noted the application from Sergeant McDaid.
The case was adjourned to link with other matters at Monday’s sitting of Letterkenny District Court.
Mr Michael Stains, solicitor, informed the court that he was present on behalf of Donegal County Council ‘on a watching brief’.