Former Council Chief Executive Charged Over Alleged Deletion of Emails Under FOI Law

Charges Brought Following FOI Enquiry

The former chief executive of East Antrim Borough Council has been charged with several offences under the Freedom of Information Act.

Anne Marion Donaghy (55), from the Clonmore Road in Dungannon, did not appear in person when the case was mentioned at Ballymena Magistrates Court.

She faces three charges linked to council records:

• Two alleged offences dated 29 April 2021
• One alleged offence dated 4 June 2021

The charges include:

• Altering a record with intent to prevent lawful disclosure
• Attempting to alter records
• Aiding and abetting the alteration of a record

According to the prosecution, following a lawful Freedom of Information request, an email dated 2 February 2021 was allegedly erased or concealed to prevent its disclosure.

Additional Allegations and Co-Accused

A third charge alleges that another individual, named as Amanda Brizzell, erased or concealed the same email. It is claimed that Donaghy aided, abetted, counselled, or procured that offence.

Also charged is Aaron McClellan (49), from the Clonmakate Road in Portadown.

He is accused of attempting to alter records on 4 June 2021 by allegedly concealing an email dated 1 February 2021 to prevent lawful disclosure under FOI legislation.

PSNI Searches and Background to the Case

The charges follow two searches of council offices at The Brady Building, carried out by the Police Service of Northern Ireland in October 2021 and April 2022.

A previous BBC Spotlight investigation reported that the matter was connected to alleged attempts to delete correspondence relating to the withdrawal of council staff from duties during post-Brexit trading arrangements.

This followed threatening graffiti being daubed at Larne Port. Donaghy had written to the Cabinet Office stating that council staff were under threat from loyalist paramilitaries. Staff were temporarily withdrawn before later returning to work after the PSNI said it had no intelligence to support claims of a credible threat.

Defence Challenges Court Jurisdiction

At court, defence KC Michael Chambers, representing Donaghy, said the defence intends to challenge the court’s jurisdiction to hear the summons.

Three key issues were outlined:

1. Whether the correct legal forms were lodged, as the offences are summary only
2. Whether the required consent of the Director of Public Prosecutions was granted
3. Why it took more than four years for the summons to be issued

Similar submissions were made on behalf of McClellan.

The prosecution said confirmation regarding DPP consent could be clarified within two to three weeks.

Case Adjourned Until January

District Judge Nigel Broderick confirmed the matter should be dealt with in Ballymena rather than Antrim and adjourned the case until 29 January to allow progress on the outstanding legal issues.