Councillor challenges legality of actions taken against him by council

Controversial independent Donegal county councillor, Frank McBrearty Jnr has challenged the legality of recent actions taken against him by Donegal County Council claiming he was being denied the right to ask what he felt were legitimate questions.

In a statement released this morning, the former first citizen and mayor of Donegal reiterated his position that he was entitled to challenge the suspension imposed upon him by Donegal County Council and attempt to attend its meetings.

Cllr McBrearty was suspended as the result of an ongoing row that centred around the mica scandal and a certain council decision to purchase houses in Buncrana which he said were affected. It has brought proceedings to a halt with meetings having to be adjourned due to Cllr McBrearty's demands that questions be answered.

"Donegal County Council passed a resolution to ask its chief executive, John G McLaughlin to take me to the High Court to restrain me from engaging in politics which I was given a mandate for and was elected to do so by the people,” Cllr McBrearty said.

"If they take me to the High Court the council would have to prove that my suspension is valid and that they complied with all due process. I will be entitled to ask questions in the High Court as a defendant, not like the way the council has denied me those same rights to date," he maintained.

He also claimed he had been the victim of what he described as a "a political cover-up and witch-hunt in what he called "this political scandal".

"I do not want to be taken to the High Court or any other court, but I have rights, entitlement to due process, natural justice and the right to appeal directly to Donegal County Council on the validity to expel me from my job and duty as a public representative.

"The points of order that I have legally raised on due process, lack of natural justice, breaches of the rules, political debate and many others clearly show they are hiding behind the law to try and silence me from asking legitimate questions which I am entitled to as a public representative.

"If they have nothing to be afraid of, then answer the legitimate questions or take me to a legitimate court and stop me asking those legitimate questions," he said.

He added Donegal has not had a Flood/Mahon Tribunal as of yet, and he claimed there are many unanswered questions for decades in the county in relation to allegations of systemic corruption and corruption.

"Some of those allegations have been sitting on Minister Darragh O’Brien’s and the former minister's desk for the last four and half years, why? Donegal County Council had the opportunity to defend these allegations in the High Court and didn’t do so, but they did pay out substantial compensation to the plaintiff that made allegations against them. These were investigated by Rory Mulcahy SC after the pay out in the High Court settlement.

"If the council answers my legitimate questions, they will not look ridiculous for wasting taxpayers money going to the High Court to get an injunction to stop me legitimately asking these questions in the public interest and attending meetings to do so - especially when my invalid suspension will be over on February 27.

"If they apply for an injunction and waste taxpayers money in doing so, they will become the laughing stock of the whole country. This will most certainly show the people that this political witch-hunt against me by SF, FF, FG, LP and six independents - which totals 33 elected members - shows their intentions to protect Donegal County Council from allegations of systemic corruption and corruption.

"Their actions to date will certainly get us closer to the establishment of a tribunal of inquiry. They can resolve this very easily by answering my legitimate questions and reinstating me to my rightful and legitimate position on council.

"Would they be stupid enough to score the biggest own goal in history by taking me to the High Court? And if they do, it will show the true extent of the cover-up and attempts by the elected members and the executive of the council to try and gag me for asking legitimate questions in the public interest and questioning them if their suspension is actually valid in law," he claimed.

The Raphoe-based representative added that until the courts decide, he will continue to ask legitimate questions "until I get truthful and legitimate answers".

"When I am proven right, the people who have tried to take my rights away and silence me will be exposed for what they have tried to cover-up.

"Imagine how idiotic the Dail or Seanad would look if they passed a resolution to apply to court to stop a member attending session; it’s laughable. The High Court will not grant such an injunction, especially ex-parte [one of the involved parties are not present or not represented].

"I may be wrong but they should now put up or apologise to me, my family and the people who elected me. All I want is an opportunity to make my case to Donegal County Council that my suspension is invalid.

"By the time they are in the High Court wasting taxpayers money my invalid suspension will be spent (run out) and “the law does nothing in vain”. In other words, the court cannot grant an injunction when the suspension is over as it will be 'moot' [having little or no practical relevance, typically because the subject is too uncertain to allow a decision].

The councillor also claimed the council will bring the wrath of the heavens on themselves for spending thousands of taxpayers money on a 'moot'.

He repeated he was within his rights to do what he did.

"I am entitled to ask legitimate questions as an elected member of Local Government and I am entitled to truthful answers. I will continue to ask these questions in the public interest until people are held to account and it is independently investigation.

"All I want is the opportunity to explain the important issues in the public interest. Finally, the cathaoirleach of the council, its chief executive and 32 of its elected members need to apologise to me, my family and the people that elected me to represent them in Irish local government," he said.