Council is seeking a High Court order to enforce suspension of councillor

Donegal County Council is seeking a High Court order to enforce the suspension of one of its elected members Cllr Frank McBrearty from attending any of its meetings until the end of the month. 

Cllr McBrearty, who is an independent elected member of the Council, came to national prominence over a decade ago because of the Morris Tribunal’s ruling that gardaí had tried to frame him for the 1996 murder of Richie Barron.

The 'council's application for an injunction came before Mr Justice Senan Allen on Monday afternoon (February 14, 2022).

The judge heard that was suspended by the council late last month, arising out of the allegedly disorderly way Cllr McBrearty had conducted himself at the council's meetings.

Marcus Dowling SC, with Mairead McKenna Bl for the Council said that the injunction is being sought to ensure that Cllr McBrearty complies with the decision made on January 31st last to suspend him from attending council meetings.

Counsel said that Cllr McBrearty, who does not agree with his suspension, had attended a council meeting last week and had disrupted it. resulting in the meeting being adjourned to next Monday, February 21.

It seeks 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 next.

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

The judge on an ex-parte basis granted the council permission to serve short notice of the injunction proceedings on Cllr McBrearty of Tullyvinney, Raphoe Co Donegal, who has been an elected member of the council since 2009.

The matter will return before the court later this week.