It is believed that Councillor Sean McEniff is in an induced coma in intensive care in a Spanish hospital.
It was reported today by The Donegal Democrat that the Councillor was due this morning at the resumption of the special sitting of Ballyshannon District Court.
Councillor Florence McNulty was charged with assaulting garda Helen Munnelly in the car park outside Bundoran Town Council offices February 10th 2014.
While her husband Thomas McNulty and son Joseph McNulty were charged with using threatening and abusive behaviour at the same location and date.
With all three denying the charges.
Councillor McNulty accused Ireland's longest-serving politican, Councillor Sean McEniff of assaulting her at the offices of the Bundoran Town Council just before the alleged assault.
The court today was told that Councillor McEniff would not be in court as he was in intensive care in a Spanish hospital.
Councillor McEniff's solicitor, John Murray, told Judge Paul Kelly that he had been asked to attend the court by the Councillor's family, and produced documentation from the hospital confirming that the Councillor was in intensive care.