Anne Donaghy: Judge rules court proceedings against former Mid and East Antrim council chief executive can continue

District Judge Nigel Broderick said delays in the case and procedures regarding the prosecution did not amount to an abuse of process.

Anne Donaghy (56), with an address listed as Clonmore Road near Dungannon, is charged with three offences.

The first charge alleges that on April 29, 2021, a request for information having been made to the council under the Freedom of Information Act, the applicant would have been entitled to communication of any information in accordance with that section, 'you did erase or conceal a record, namely an email dated February 2, 2021, held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled'.

The second charge is: 'Defendant on the 4th day of June 2021, a request for information having been made to a public authority, namely Mid and East Antrim Borough Council, and under section 1 of the Freedom of Information Act, the applicant would have been entitled to communication of any information in accordance with that section, you attempted to erase or conceal a record, namely an email dated 1st February 2021, held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.'

The third charge is: 'Defendant on the 29th day of April 2021, a request for information having been made to a public authority, namely Mid and East Antrim Borough Council and under section 1 of the Freedom of Information Act the applicant would have been entitled to communication of any information in accordance with that section, that (a named female) did erase or conceal a record, namely an email dated 2nd February 2021, held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled, and Anne Marion Donaghy did aid, abet, counsel and procure the commission of the said offence contrary to Section 77 of the Freedom of Information Act 2000 and Common Law and you did aid, abet, counsel and procure the commission of the said offence.'

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A co-accused, Aaron McClelland (49), with an address lised as Clonmakate Road at The Birches near Portadown, faces the following charge: 'Defendant on the 4th day of June 2021, a request for information having been made to a public authority, namely Mid and East Antrim Borough Council, and under section 1 of the Freedom of Information Act the applicant would have been entitled to communication of any information in accordance with that section, you attempted to erase or conceal a record, namely an email dated 1st February 2021, held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled contrary to Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 and section 77 of the Freedom of Information Act 2000'.

At Antrim Magistrates' Court, sitting in Ballymena on Tuesday, Judge Broderick said defence lawyers had brought applications that the proceedings against both accused by "stayed" as they amounted to an abuse of process "by reason of delay".

Rejecting the defence applications, the judge ruled the prosecutions can continue.

The judge said the charges are to be contested and it is expected the contest could take two days.

The contest could be held at the end of August and the court was told there could be 10 witnesses.

The case has now been adjourned to June 9.