Former NI council chief facing prosecution in case linked to alleged deletion of emails

Belfast Telegraph

3 days ago

A lawyer for Anne Donaghy said she denied any wrongdoing and would 'vehemently contest' the 'technical' offences.
It is linked to the alleged deletion of e-mails related to a Freedom of Information (FoI) request, the Public Prosecution Service (PPS) said.
Ms Donaghy is being prosecuted for three offences under section 77 of the FoI Act.
The other is facing one charge under the same act.
A total of four people were reported on a police file submitted to the PPS for consideration.
The PPS said that the available evidence in relation to the other two people being investigated is insufficient to provide a reasonable prospect of conviction and therefore the test for prosecution is not met.
Previously the BBC Spotlight programme reported the police investigation was connected to alleged attempts to delete correspondence relating to the decision to withdraw council staff operating under the Northern Ireland Protocol.
Police twice searched the council offices in October 2021 and then the following April.
Ms Donaghy was the chief executive of Mid and East Antrim council at the time.
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Staff, who were carrying out checks on goods arriving from Great Britain, were removed because of apparent threats from loyalist paramilitaries.
It later emerged that Ms Donaghy had written to the Cabinet Office before the decision to remove staff was taken.
She told the Government that graffiti had been directly targeting council staff working on checks.
The then Agriculture Minister Edwin Poots subsequently withdrew inspectors performing the checks at ports in Northern Ireland.
However, shortly after, all staff had returned to duties with the PSNI issuing a written threat assessment stating it had no information to support claims of loyalist paramilitaries threatening staff safety.
Solicitor Kevin Winters, who is acting for Ms Donaghy, said she has an outstanding High Court legal action against the council alleging discrimination together with extant tribunal disciplinary proceedings.
A statement added: 'Today we received notification that she will be prosecuted on three counts of allegedly concealing records; aiding and abetting another person to erase or conceal a record and attempting to erase or conceal a record contrary to FOIA and other legislation.
'Our client denies any wrongdoing during her time in office and will vehemently contest these three technical offences.'
He added: 'Anne Donaghy has an impeccable record and service working for the council.
'She wants to put on record her sincere thanks for the all the support she has received from former colleagues in the council and beyond in the wider community.
'Our client takes a lot of strength from this and knows it will serve her well going forward when confronting what are essentially contrived politically motivated allegations.'
TUV MLA for North Antrim Timothy Gaston welcomed the PPS decision to bring prosecutions.
'The integrity of Freedom of Information processes is essential to public trust in local government. If officials or others interfered with those processes, there must be consequences,' he said.
'This case has taken years to come to this point after the Raid On The Braid back in October 21. I will follow proceedings closely.'