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Frank McBrearty Jnr speaking at a council meeting in 2022. Donegal County Council

Donegal councillor to stand trial for allegedly stealing a fellow councillor's phone

The phone belonged to Sinn Féin councillor Gary Doherty.

A DONEGAL COUNTY councillor has been sent forward for trial after being charged with allegedly stealing a mobile phone from another councillor.

Independent councillor Frank McBrearty appeared at Letterkenny District Court today, where he faced one charge.

The 56-year-old from Tullyvinney, Raphoe was in court for a short hearing.

The charge arose from an alleged incident during a special meeting of Donegal County Council at the Aura Leisure Centre, Sallaghrane, Letterkenny on 11 July 2022.

McBrearty is charged with stealing property, to wit, a Samsung S21 Ultra Mobile phone valued at €1,000, the property of Gary Doherty, a fellow Donegal councillor.

The offence is contrary to Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

Garda Gillian Page gave evidence to the court of serving a book of evidence in the case on the accused and told the court that he made no reply.

Garda Sergeant Maurice Doyle said the Director of Public Prosecutions had consented for the case to go forward on indictment to the next sitting of Letterkenny Circuit Court, commencing on 28 October next.

Solicitor for Councillor McBrearty, Patsy Gallagher, said the case had already received some notoriety.

Gallagher added that the case will be fully contested, although it has yet to be determined what district the case will be heard in.

Gallagher said he was applying for both a senior and junior counsel in the case given the facts outlined and what he described as “the complexities outlined.”

He also applied for free legal aid on behalf of his client which was granted.

Judge Ciaran Liddy issued the alibi warning to the accused and granted Gallagher both senior and junior counsel.

McBrearty was released on his own nominal bond of €100 to appear at Letterkenny Circuit Court commencing on 28 October.

However, the accused initially refused to sign the bond saying there were copies of other papers beneath the bond.

He claimed that gardaí had previously forged his signature and that he would only sign each page separately.

The bond was eventually signed.

Solicitor Michael Staines told the court that he was keeping a watching brief on behalf of Donegal County Council.

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