Cllr McBrearty in High Court

A motion in relation to the progress of legal proceedings initiated against Councillor Frank McBrearty (Independent) by Donegal County Council is due to be heard before the High Court in Dublin.

The case, which is not down for full hearing, will come before Mr Justice Senan Allen at 11 o'clock this morning (February 17) in Court 3.

On Monday (February 14), Donegal County Council sought a High Court order to enforce Cllr McBrearty's suspension from attending any of its meetings until the end of February.

This move followed the decision by a majority of Donegal county councillors in favour of a motion authorising the chief executive to commence High Court proceedings against Cllr McBrearty seeking all appropriate orders required to enforce the said suspension for the period of time, including an order for the costs of those proceedings.

That motion was proposed by Cllr Terry Crossan (Sinn Féin) and seconded by Cllr Ciaran Brogan (Fianna Fáil) at the council's plenary meeting on February 6.

On Monday, Mr Justice Allen heard Cllr McBrearty was suspended due to the allegedly disorderly way he had conducted himself at council meetings.

Marcus Dowling SC, with Mairead McKenna BL, for the Council said the injunction was being sought to ensure that Cllr McBrearty complied with the decision made on January 31, to suspend him from attending council meetings.

Counsel said Cllr McBrearty, who does not agree with his suspension, had attended a council meeting (February 6) and had disrupted it. The meeting was subsequently adjourned until Monday, February 21.

Donegal County Council is seeking an order preventing Cllr McBrearty from attending, speaking or taking part at any meetings, or committee meetings of the council until Midnight on Sunday, February 27.

The council is also seeking to restrain Cllr McBrearty from attending or speaking at any meeting due to take place at the Aura Leisure Centre building in Letterkenny Co Donegal.

It is unclear whether Donegal County Council will obtain the injunction it is seeking against Cllr McBrearty, today.