Ex-council chief Anne Donaghy on trial over Brexit email deletion to avoid FOI disclosure

Anne Donaghy (56), former chief executive of Mid and East Antrim Council, faces trial over alleged deletion of emails to block Freedom of Information requests.

Former council chief executive denies deleting Brexit-related emails

Anne Donaghy (56), of Clonmore Road, Dungannon, went on trial at Ballymena Magistrates' Court on Monday charged with deleting and attempting to delete emails to prevent their disclosure under the Freedom of Information Act, the Irish Times reports.

Donaghy, who served as chief executive of Mid and East Antrim Council, faces three charges — deleting an email, attempting to delete an email, and procuring the deletion of an email — all relating to her time in that role. A second accused, Aaron McClelland (49), of Clonmakate Road, Portadown, faces one count of attempting to delete an email.

Both appeared before District Judge Alana McSorley for proceedings expected to span two days. Speaking before the trial opened, a solicitor for Donaghy said she would "vehemently contest these three technical offences".

The letter and the political context

The charges centre on the deletion of an email sent to former Northern Ireland First Minister Arlene Foster. That email was a forwarding of a letter Donaghy had originally written on 3 January 2021, addressed to a UK Cabinet Office official, setting out concerns about the operation of the Northern Ireland Protocol at Larne Port and the safety of council staff.

The letter was written at a moment of acute political tension following the introduction of the Irish Sea border after the United Kingdom left the European Union. Several council staff had been withdrawn from Larne Port in the wake of alleged threats made against them.

The court heard that 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 told the court that Donaghy had been advised by the local MPs to write to the Cabinet Office to document her concerns about both the impact of the Protocol and "sinister graffiti" at Larne Port threatening staff conducting border inspections.

After drafting the letter, Donaghy directed her assistants to forward it on 1 February to the MPs, then agriculture minister Edwin Poots and economy minister Gordon Lyons. On 2 February, it was sent to Gregg McKeen, the DUP leader on the council and representative for Larne Lough, as well as to mayor Peter Johnston and to Foster.

FOI requests and mounting scrutiny

On 8 February, the council received a Freedom of Information request from a journalist seeking copies of letters sent to the UK government about the NI Protocol and alleged threats to staff. The council refused the request on health and safety and security grounds.

A second FOI request arrived in April, this time specifically seeking emails about the NI Protocol. By that point, the prosecution said, there was "increasing political and media scrutiny" surrounding the matter.

In April, Donaghy also appeared before a Stormont committee, where Alliance MLA John Blair questioned her about why she had consulted DUP representatives over the Cabinet Office letter while not seeking the views of other parties.

The prosecution told the court that, by the end of April, Donaghy was concerned she was being perceived as "the DUP's person".

Audio recordings played in court

The court heard an audio recording made on a pen belonging to Donaghy's assistant, in which Donaghy asked the assistant to delete the email sent to Foster. When told that the council's FOI team — referred to as "upstairs" — already held a copy of the Foster email, Donaghy is heard responding: "Oh no."

A second recording was also played, featuring a different assistant to Donaghy speaking with McClelland, in which that assistant is heard saying: "I am not deleting any emails."

During a subsequent police interview, the court heard, Donaghy admitted asking her assistant to delete the email to Foster. She told investigators she had been concerned that, given leaks from the council, Foster's personal email address could enter the public domain. She said she was aware that hard copies of the letter had been retained, and had asked only for the electronic copy to be removed.

The prosecution said the central question for the court was the intent behind the deletion of the email.

Source: Irish Times