Defence lawyers for Anne Marion Donaghy informed Ballymena Magistrates Court they plan to argue the prosecution amounts to an abuse of process because of delays following service of the notice of intended prosecution.

Donaghy, 55, from Dungannon and former chief executive of Mid and East Antrim Borough Council, denies three charges linked to council records in April and June 2021. The charges cover altering an email from 2 February 2021 to block disclosure under a Freedom of Information request, attempting to alter records, and aiding and abetting alteration of a record.

Aaron McClelland, 49, from Portadown, faces a related charge of attempting on 4 June 2021 to conceal an email dated 1 February 2021 held by the council to prevent its release under Freedom of Information rules. Police searched council offices at The Braid in October 2021 and April 2022.

Defence KC Michael Chambers stated the notice of intended prosecution is in order. He requested one week to file written arguments and offered to share them with McClelland's legal team.

Prosecutor David McNeill sought two weeks to reply, including a timeline of the investigation. Judge Broderick fixed the abuse of process hearing for 20 April and proposed advancing case preparations alongside the application.