A solicitor performing on behalf of Councillor Frank McBrearty has stated he strongly objects to summons’ in his consumer’s case being despatched to a solicitor representing Donegal County Council.
Councillor McBrearty’s case was referred to as earlier than Letterkenny District Courtroom this week.
He’s charged with a breach of the peace on the Aura Leisure Centre in Letterkenny on March twenty eighth, 2022.
He’s charged that he did use or have interaction in threatening, abusive or insulting phrases or behaviour with intent to impress a breach of the peace or being reckless as as to whether a breach of the peace might need been occasioned.
The cost is Opposite to Part 6 of the Legal Justice (Public Order) Act, 1994.
The case was initially adjourned again to a sitting of the court docket to happen on January thirty first subsequent as steered by Councillor McBrearty’s solicitor Mr Patsy Gallagher.
Councillor McBrearty, of Tullyvinny, Raphoe, was not in court docket for the temporary point out.
Solicitor for Donegal County Council, Mr Michael Staines requested Mr Gallagher if he can be ready to ship him the summons’ within the case.
Mr Staines stated he understood that Gardai had no difficulty with this and that he was merely right here in court docket “on a watching temporary.”
He additionally revealed that in addition to performing for Donegal County Council within the case, he was additionally performing on behalf of six totally different witnesses within the case arising out of six or seven incidents on the day of the allegations.
The identities of those witnesses weren’t outlined to the court docket.
Mr Staines added that he was merely asking for a duplicate of the summons’ citing that members of the press had entry to those paperwork.
He added that these had been “public paperwork” and that he was requesting copies “so I can do my job correctly” saying he would like the court docket to present an order within the case.
Reacting, Mr Gallagher requested the court docket if Dublin was “doing a guidelines on Donegal?”
He added that to say he was involved can be an understatement including that “any individual is taken into account harmless till confirmed responsible.”
Mr Gallagher added that he had no downside with Mr Staines as a colleague however requested was he performing for a physique company in Donegal County Council or members of the general public?
Garda Sergeant Jim Collins stated that his directions had been that there have been no objections to the summons being given to Mr Staines however stated he was in Decide Eiteain Cunningham’s fingers.
Decide Cunningham stated that at this stage the case had been adjourned to January thirty first and that Mr Staines was “completely entitled to be right here on a watching temporary.”
She added that it might be “uncommon” (to permit the summons’ to be given out) and that she can be hesitant to make an order after what had been opened to her.
Solicitors conflict as County Councillor in court docket on breach of peace cost was final modified: January seventeenth, 2024 by
