The High Court has ruled that the State will have to pay the legal costs at the highest level to Frank Shortt for his action for damages arising from his wrongful conviction and imprisonment on charges of allowing the sale of drugs at his nightclub in Inishowen, Co Donegal.
The president of the High Court, Mr Justice Joseph Finnegan, said it would be inappropriate if Mr Shortt had to dip into his own €1.9 million damages award "to satisfy the difference properly due to his legal advisers".
The judge had awarded damages to Mr Shortt earlier this month and the matter was returned to yesterday to deal with costs. The judge directed that the State should pay costs incurred by Mr Shortt in his legal action on a solicitor-client basis, the highest level. When awarding the €1.9 million damages, the judge said the case involved an "outrageous abuse of power" by some gardaí.
Brian O'Moore SC, for Mr Shortt, applied yesterday to have costs fixed on a solicitor-client basis rather than the more usual basis.
The judge said he had no idea of the difference involved. However, he said, it could be that Mr Shortt would suffer a significant reduction in his award because he had to take the necessary steps to pay his legal bills fully. Mr Shortt could not be criticised for taking every precaution in the preparation of his case, which was not an easy one.
Mr O'Moore said his client's case was different in that Mr Shortt had been "put through the wringer" and had been treated appallingly by the State.
Mr Justice Finnegan took into account that Mr Shortt had run his case in an economical way and the particular circumstances of the case. He said his costs order would include all reserved costs, overnight transcripts, legal submissions of counsel and discovery costs.
He put a stay on the order for 21 days in the event of an appeal.