A former council chief ordered the deletion of an email to former first minister Arlene Foster to protect Ms Foster’s private email address, Ballymena Magistrates’ Court has heard.
Former chief executive of Mid and East Antrim Council Anne Donaghy was described as being concerned about the number of leaks from the council in 2021
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.
Aaron 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 are represented by defence barristers in the proceedings at Ballymena Magistrates’ Court this week.
Speaking before the trial, a solicitor for Donaghy said she would “vehemently contest these three technical offences”.
The trial is expected to run across two days before District Judge Alana McSorley.
Donaghy, wearing a black outfit, watched during Monday’s proceedings, which included the calling of her two former personal assistants as witnesses, and the playing of audio recordings of some conversations.
Numerous other members of staff at the council are to be called as witnesses.
The charges centre around the deletion of an email to former first minister Arlene Foster.
This email was the forwarding of a letter on February 2 2021 which Donaghy had sent to a UK Cabinet Office official on January 30 2021, outlining concerns about the operation of the Northern Ireland Protocol at Larne Port, and the safety of council staff.
The letter came amid political tension after the introduction of the so-called Irish Sea border between Northern Ireland and Great Britain following the UK’s exit from the European Union.
A number of council staff were removed from the port after alleged threats 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 mayor Peter Johnston.
The prosecution outlined that Donaghy had been 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 carrying out inspections at the border post.
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 1, and later to Gregg McKeen, the DUP leader on the council, and representative for Larne Lough, as well as Mr Johnston and Ms Foster on February 2.
On February 8, the council received a Freedom of Information request from a journalist asking for copies of letters sent to the UK Government about 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 the Stormont Agriculture, Environment and Rural Affairs 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 others parties.
In the same month the council received another FOI request for emails concerning the NI Protocol.
The prosecution said that by the end of April there was “increasing political and media scrutiny”, and also described how Donaghy was concerned that she was being perceived as being “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”.
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 Ms Foster.
Told that “upstairs”, with reference to the FOI team in the council, had a copy of the email of Ms 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.”
Ballymena Magistrates’ Court also heard that hard copies of the emails had been printed and kept in a locked cabinet.
Donaghy was interviewed by police, during which the court heard she admitted asking her assistant to delete the email to Ms Foster, describing how she was concerned because of leaks from the council that there was a danger the then first minister’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.
Donaghy’s assistant Amanda Brizzell said she deleted the email to Ms Foster in the inbox, and also from the sent file.
Appearing in the witness box, Ms Brizzell said she was asked to retrieve the email in June, and contacted IT who were able to do so.
Michael Chambers KC, appearing for Donaghy, asked Ms Brizzell if she thought it would be a problem for the council if Ms Foster’s private email was leaked, to which she responded, “yes”, pointing to data protection laws.
Meanwhile Donaghy’s other assistant Jane Logan said she was “very annoyed” at being asked to delete emails, adding: “I said you can’t hide evidence, it’s never fully hidden, it will always come out.”
She said her pen had recorded a conversation with McClelland around the deletion of emails, but said she did not know it had been recording.
She explained she had “left the pen running by accident”, despite usually “being careful” to ensure the battery would not run out when she needed it to take an instruction from Donaghy.
In response to questions from Mr Chambers, Ms Logan said even if there was a council policy that emails could be deleted if hard copies were kept, she “would still have concerns”, adding they had not been asked to delete emails before.
“I am trying to be honest and open here. I have nothing to hide,” she said.
The trial continues.