Donegal councillor's public order case adjourned after solicitor objects to summons
Councillor Frank McBrearty, a Donegal County Councillor, is charged with a breach of the peace over an alleged incident at the Aura Leisure Centre in Letterkenny on 28 March 2022. The charge is brought under Section 6 of the Criminal Justice (Public Order) Act, 1994. At a mention before Letterkenny District Court, a solicitor for McBrearty objected to a summons being given to a solicitor for Donegal County Council, and Judge Cunningham said she would be hesitant to make such an order. The latest development is that the case was adjourned to 31 January 2024.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court17 Jan
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Councillor Frank McBrearty is charged with a public order offence, specifically a breach of the peace.
- Where
- The alleged offence took place at the Aura Leisure Centre in Letterkenny, County Donegal.
- When
- The alleged offence took place on 28 March 2022.
- Charges
- The charge is that he used or engaged in threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace, or was reckless as to whether one might be occasioned.
- The charge is contrary to Section 6 of the Criminal Justice (Public Order) Act, 1994.
- In court
- The case was called before Letterkenny District Court, and McBrearty was not in court for the brief mention on Monday.
- Judge Cunningham said giving out the summons would be unusual and she would be hesitant to make an order.
- The case was initially adjourned to 31 January 2024.
- Other details
- A solicitor for McBrearty strongly objected to the summons being sent to a solicitor for Donegal County Council.
- The Council's solicitor asked for copies of the summons, describing himself as watching the case, and also acted for six witnesses.
- Existing cases 967 (a July 2022 phone theft) and 11283 (a 2023 assault charge) do not clearly match this incident.
- Investigation
- A garda sergeant said gardaí had no objection to the summons being given to the Council's solicitor.
13 statements extracted from the articles
- whereThe alleged offence took place at the Aura Leisure Centre in Letterkenny. (donegallive.ie)
- whenThe alleged offence took place on March 28, 2022. (donegallive.ie)
- investigationA garda sergeant said gardaí had no objection to the summons being given to the Council's solicitor. (donegallive.ie)
- chargeMcBrearty is charged with a breach of the peace. (donegallive.ie)
- chargeThe charge is that he used or engaged in threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether one might be occasioned. (donegallive.ie)
- chargeThe charge is contrary to Section 6 of the Criminal Justice (Public Order) Act, 1994. (donegallive.ie)
- courtThe case was called before Letterkenny District Court. (donegallive.ie)
- courtMcBrearty was not in court for the brief mention on Monday. (donegallive.ie)
- courtThe case was initially adjourned to January 31, 2024. (donegallive.ie)
- courtJudge Cunningham said giving out the summons would be unusual and she would be hesitant to make an order. (donegallive.ie)
- otherA solicitor for McBrearty objected to the summons being sent to the Council's solicitor. (donegallive.ie)
- otherThe Council's solicitor asked for copies of the summons, describing himself as watching the case. (donegallive.ie)
- otherThe Council's solicitor also acted for six witnesses in the case. (donegallive.ie)
The reporting
newest first- 17 Jan2024Solicitor objects in case of Donegal County Councillor charged with public order offence
Reports a Letterkenny District Court mention of a public order charge against Frank McBrearty over a March 28, 2022 incident at the Aura Leisure Centre, and the adjournment to January 31, 2024. Dispute over whether a Donegal County Council solicitor can receive copies of the summons. Existing case 967 concerns a July 2022 phone theft and case 11283 concerns a 2023 assault charge, so neither clearly matches this incident.
accused, Frank McBrearty, male, named, irish (judged from name)Frank McBrearty