The trial of former Mid and East Antrim Borough Council chief executive Anne Donaghy and council official Aaron McClelland opened at Ballymena Magistrates’ Court this week. Donaghy, 56, of Dungannon, denies three charges under the Freedom of Information Act related to the deletion or attempted deletion of an email. McClelland, 49, of Portadown, denies one charge of attempting to delete an email.

The email at the centre of the case was sent to then DUP leader Arlene Foster on 2 February 2021. It forwarded a letter Donaghy had written to a UK Cabinet Office official on 30 January, outlining concerns about the safety of council staff carrying out post-Brexit checks at Larne Port. The letter referred to “sinister graffiti” threatening staff at border control posts.

On 8 February 2021, the council received a Freedom of Information request from a journalist seeking correspondence about alleged threats to staff linked to the Northern Ireland Protocol. The request was later refused.

Paul Thompson, a council staff member who handled FoI requests, told the court that on 26 June 2021 he was called by McClelland and asked to attend a meeting the following day, a Sunday, at Donaghy’s home. There, he was asked for his opinion about emails being deleted.

Thompson also testified about a meeting at council headquarters after the FoI request was received. He said there was a discussion about whether exemptions under the FoI Act could be used to deny the request. McClelland attended but Donaghy did not. A defence barrister put to Thompson that he had no information linking Donaghy to that decision, and Thompson agreed.

Two personal assistants to Donaghy gave evidence. Amanda Brizzell told the court she had deleted the email to Foster from both her inbox and sent items. She said she was later asked to retrieve it in June, and IT staff were able to recover it. Under cross-examination, she said she believed it would be a problem for the council if Foster’s private email address had been leaked, referring to data protection laws.

The other assistant, Jane Logan, stated she was asked to delete an email to DUP councillor Gregg McKeen, which she refused to do. She told the court she was annoyed at the request and said that evidence cannot be fully hidden. She also testified that a pen she carried had accidentally recorded a conversation with McClelland about the deletion of emails.

The prosecution has said the central issue is the intention behind the deletion. In police interviews, Donaghy admitted asking her PA to delete the email to Foster, saying she was concerned about leaks from the council and did not want Foster’s personal email address entering the public domain during a libel action and following Foster’s resignation as first minister. She said she knew hard copies existed and only asked for the digital version to be deleted. McClelland told police he believed it was legitimate to delete the emails to prevent leaks before the FoI process was complete, and that hard copies were kept in a locked cabinet in his office.

The trial, which is expected to last two days, continues before District Judge Alana McSorley. Donaghy’s solicitor has previously stated she would contest the charges.