The Court of Criminal Appeal has reserved judgment on an application by Co Donegal nightclub owner, Frank Shortt, for a certificate declaring a miscarriage of justice arising from his conviction for knowingly allowing his club, The Point Inn, Inishowen, to be used for the sale of drugs. Judgment is expected before July 31st.
Mr Shortt, who served a three-year prison sentence arising from his 1995 conviction, which was quashed in November 2000, is contending that newly-discovered documents and other evidence show that there was a conspiracy by gardaí to procure his conviction.
The DPP has rejected the allegations of conspiracy and has said that he did not oppose the quashing of Mr Shortt's conviction in November 2000 because, at that time, the DPP was aware that material had come to light which was not available at the trial. The DPP had not taken a view on the truth or otherwise of certain allegations but, as these were made in the context of an inquiry into alleged Garda corruption in Co Donegal, he took the decision not to oppose Mr Shortt's appeal. The DPP argues that Mr Shortt is not entitled to the certificate which is being sought.
During yesterday's hearing, Mr Justice Hardiman, presiding, sitting with Mr Justice O'Donovan and Mr Justice O'Higgins, asked Mr Edward Comyn SC, for the DPP, whether the DPP regarded Det Garda Noel McMahon, whose evidence was crucial in procuring the conviction of Mr Shortt in 1995, as a truthful witness in Mr Shortt's application.
Mr Comyn said that they were advancing Det Garda McMahon as a witness of truth on matters essential to the case and they were asserting that his evidence contradicting a claim by his estranged wife that he had committed perjury during Mr Shortt's trial was more credible than her evidence to the contrary.
Mr Justice Hardiman said that the court particularly wanted to know the DPP's view on claims by Det Garda McMahon that he had been offered "bribes" by Chief Supt Denis Fitzpatrick and Austin McNally to write a statement in relation to the McBrearty affair.
Mr Justice Hardiman said this evidence was important in relation to the CCA's assessment of evidence relating to a draft "letter of satisfaction" written by Det Garda McMahon in 1996, based on guidelines from Supt Lennon, in which the detective stated that he had never known Supt Lennon to be engaged in any unlawful activity or operations during his career.
After a short adjournment to allow counsel for the DPP to take instructions, Mr Comyn said that the issue was a matter for the court to decide and the DPP had no view on it.
The CCA has heard some 16 days of evidence relating to Mr Shortt's application for a certificate declaring a miscarriage of justice. Two Co Donegal women, Ms Adrienne McGlinchey and Ms Sheenagh McMahon, the estranged wife of Det Garda McMahon, made a number of serious allegations against gardaí, including a claim that Det Garda McMahon had said he had perjured himself during his trial and that he did so in order to get Supt (then Inspector) Lennon promoted. Both gardaí, who were formerly attached to Buncrana Garda station, denied these and other allegations.
