Former Mid and East Antrim Council chief executive Anne Donaghy was convicted at Ballymena Magistrates’ Court of two charges relating to the deletion of an email to prevent its disclosure under the Freedom of Information Act, according to a judgment delivered by Judge Alana McSorley. Donaghy, 56, of Clonmore Road, Dungannon, was found guilty of deleting an email and procuring the deletion of an email concerning correspondence with then-first minister Arlene Foster regarding the Northern Ireland Protocol at Larne Port and alleged threats to council workers in 2021.
Ballymena Magistrates’ Court Conviction Details
Judge Alana McSorley fined Donaghy £750 for each of the two charges she was convicted of during the two-day trial, according to court reports. Donaghy was cleared of a third charge involving an attempt to delete a second email. Aaron McClelland, the council’s former director of corporate services, was cleared of a single charge of attempting to delete an email. Neither defendant gave evidence during the proceedings. It is understood that Donaghy intends to appeal against the conviction.
Did you know?
Post-Brexit Protocol Controversy and DUP Correspondence
The charges stemmed from a letter Donaghy sent to the cabinet office amid strong political opposition to the Irish Sea border created by the post-Brexit Northern Ireland Protocol, according to court testimony. In early February 2021, Donaghy forwarded her letter to nine Democratic Unionist Party (DUP) representatives, including MPs Ian Paisley, Sammy Wilson, and Jeffrey Donaldson, alongside then-mayor Peter Johnston. On February 8th, the council received a journalistic FOI request asking for copies of letters sent to the UK Government concerning the protocol and alleged threats to staff, which officials initially refused on health, safety, and security grounds.
Mounting Political Scrutiny and Crisis Meetings
By April, Donaghy faced questioning from Alliance MLA John Blair during an appearance before the Stormont Agriculture, Environment and Rural Affairs Committee regarding why she had shared her cabinet office letter with DUP members but not other parties. The prosecution stated that by the end of April, increasing political and media scrutiny left Donaghy concerned she was being perceived as “the DUP’s person.” In June, a TUV delegation had a meeting with Donaghy over the letter to the cabinet office, and Timothy Gaston was described as inquiring why it was “only sent to members of the DUP”. Later that month, on Sunday, June 27th, several senior officers attended an apparent crisis meeting at Donaghy’s house ahead of an internal council investigation.
Evidentiary Arguments and Digital Records
During the trial, Donaghy’s defence argued she merely wanted to protect Foster’s personal email address from entering the public domain due to prior council information leaks. However, the prosecution presented an audio recording from an assistant’s Live Scribe pen in which Donaghy reacted with the words “Oh no” upon learning the FOI team possessed a copy of the email, indicating she had believed no hard copy survived. Judge McSorley noted that Donaghy’s reaction and her mounting political pressure led to the irretrievable conclusion that she intended to prevent the email from being disclosed.
Frequently Asked Questions
What were the exact charges against Anne Donaghy?
Donaghy was convicted of deleting an email and procuring the deletion of an email to prevent disclosure under the Freedom of Information Act. She was cleared of attempting to delete a second email.
What was the financial penalty imposed by the court?
Judge Alana McSorley fined Donaghy £750 for each of the two charges, resulting in a total fine of £1,500.
Did other council officials face charges in this case?
Yes, Aaron McClelland, the council’s former director of corporate services, faced a single charge of attempting to delete an email, but he was cleared by the court.
To stay updated on local government developments and court reports, subscribe to our newsletter or explore our latest news coverage.
Worth a look