A verdict is expected on Wednesday in the trial of a former Northern Ireland council chief executive accused of deleting an email to prevent disclosure under the Freedom of Information Act.
Anne Donaghy and Aaron McClelland, Mid and East Antrim Council’s former director of corporate services, are appearing before Ballymena Magistrates’ Court on charges connected to emails concerning the operation of the Northern Ireland Protocol following Brexit.
The mechanism, vehemently opposed by unionists, created an effective border in the Irish Sea to prevent a hard border on the island of Ireland.
The emails at the centre of the charges involve a letter sent by Donaghy to the Home Office in January 2021 about the operation of border posts at Larne Port and alleged threats to council workers.
The court heard the contents were then forwarded to nine DUP representatives, including then-first minister Baroness Arlene Foster.
The letter was requested in a number of Freedom of Information (FOI) requests and appeared to have been leaked to a political representative from the Alliance Party.
Donaghy, 56, of Clonmore Road, Dungannon, has been charged with deleting an email and having attempted to delete an email to prevent the disclosure of information through the Freedom of Information Act, as well as procuring the deletion of an email.
McClelland, 49, of Clonmakate Road, Portadown, has been charged with one count of having attempted to delete an email.
They both deny the charges and have been represented at Ballymena Magistrates’ Court by defence barristers.
Neither gave evidence during the two-day trial.
The prosecution contends that Donaghy asked her personal assistant to delete the instance of the email that was forwarded to Lady Foster, and then sought the deletion of a second forwarding of the email to another DUP representative.
They argue Donaghy did not know hard copies of the emails had been kept, adding she was concerned about being regarded as too close to the DUP.
However, Ms Donaghy’s defence said she sought to have the email to Ms Foster deleted because it had been sent to the first minister’s personal email address and, amid leaks from the council, wanted to ensure this did not end up in the public domain.
Defence lawyers also sought to have the case thrown out, arguing there had not been a live FOI request at the time Donaghy asked for the email to be deleted.
The prosecution and the defence disagree over whether Donaghy knew hard copies of the emails had been kept.
Judge Alana McSorley is expected to deliver her judgment on Wednesday afternoon.
If found guilty, Donaghy could face a fine of up to £5,000.
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