The State is facing a €1 million bill in legal costs arising from the successful plea by Co Donegal night-club owner Mr Frank Shortt for a certificate that he was the victim of a miscarriage of justice.
On July 31st last year the Court of Criminal Appeal certified a miscarriage of justice in the case of Mr Shortt, who spent three years in prison after his conviction in 1995 for knowingly allowing the sale of drugs at his club, The Point Inn, Inishowen, Co Donegal.
Mr Shortt's conviction was set aside by the CCA in November 2000 after certain allegations were made in the report of the internal Carty Garda inquiry into alleged corruption by gardaí in Co Donegal. The July 2002 decision that there was a miscarriage of justice allows Mr Shortt to sue for compensation. That judgment came after a 23-day hearing and the question of costs was left over.
Yesterday, the three-judge CCA was asked to make a ruling on who should pay the costs of the hearing as well as the costs of the proceedings of November 2000, various pre-trial applications, discovery motions and other related matters. Legal sources estimated that the bill would come to around €1 million.
Mr Justice Hardiman said yesterday there was no doubt that Mr Shortt was entitled to costs.