Ex-council chief sought to delete emails due to perception she was ‘the DUP’s person’, court told

A former local authority chief executive has appeared in court charged over the alleged deletion of emails to prevent their disclosure in response to a Freedom of Information (FOI) request.Anne 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 via the Freedom of Information Act, as well as procuring the deletion of an email, during her time at Mid and East Antrim Council.Aaron McClelland (49), of Clonmakate Road, Portadown, has been charged with one count of having attempted to delete an email.Both accused appeared before Ballymena Magistrates’ Court on Monday for the trial, which is expected to run across two days under District Judge Alana McSorley.Speaking before the trial, a solicitor for Donaghy said she would “vehemently contest these three technical offences”.The charges centre on the deletion of an email to former first minister of Northern Ireland Arlene Foster. This email was the forwarding of a letter on February 2nd, 2021, which Donaghy had sent to a UK Cabinet Office official on January 3rd, 2021, outlining concerns over the operation of the Northern Ireland Protocol at Larne Port, and the safety of council staff.The letter came at a time of political tension following the introduction of the so-called Irish Sea border between Northern Ireland and Britain after the United Kingdom left the European Union. A number of council staff had been removed from Larne Port following alleged threats against them.The court heard the letter had been forwarded to a number of DUP politicians, including MPs Ian Paisley, Sammy Wilson and Jeffrey Donaldson, as well as the council chairperson.The prosecution said Donaghy was advised by the local MPs to write to the Cabinet Office to outline her concerns about the impact of the NI Protocol, and “sinister graffiti” at Larne Port threatening staff operating inspections at the border post.[ Woman admits to publishing information that could identify victim in Jeffrey Donaldson caseOpens in new window ]After writing the letter, Donaghy had her assistants forward it to the MPs, as well as then agriculture minister Edwin Poots and economy minister Gordon Lyons on February 1st, and later to Gregg McKeen, the DUP leader on the council and representative for Larne Lough, as well as mayor Peter Johnston and Foster on February 2nd.On February 8th, the council received a FOI request from a journalist asking for copies of letters sent to the UK government around the NI Protocol and alleged threats to staff. This was refused on the basis of health and safety, and security.In April, Donaghy appeared before a Stormont committee, where she was questioned by Alliance MLA John Blair about her letter to the Cabinet Office, and why she had sought the views of DUP representatives but not those of other parties.The council received another FOI request that month seeking emails concerning the NI Protocol.The prosecution said by the end of April there was “increasing political and media scrutiny” and that Donaghy was concerned she was being perceived as “the DUP’s person”.The court heard an audio recording taken on a pen belonging to Donaghy’s assistant, during which the chief executive asked her to delete the email to Foster. [ Woman appears in court following seizure of guns and ammunition in LouthOpens in new window ]When told that “upstairs”, with reference to the council’s FOI team, had a copy of the email of Foster, Donaghy is heard saying, “Oh no.”The court also heard another recording during which a different assistant to Donaghy is talking to McClelland, and she is heard saying: “I am not deleting any emails.”Donaghy was interviewed by police, during which, the court heard, she admitted asking her assistant to delete the email to Foster. She said she was concerned, because of leaks from the council, that there was a danger Foster’s personal email might get into the public domain. She said she knew hard copies had been kept, and asked for the electronic copy to be deleted.The prosecution said the key question for the court was around the intention of deleting the email.The trial continues. – PA