Pubdate: Tue, 21 Nov 2000
Source: Irish Times, The (Ireland)
Copyright: 2000 The Irish Times
Contact:  11-15 D'Olier St, Dublin 2, Ireland
Fax: + 353 1 671 9407
Website: http://www.ireland.com/
Author: Carol Coulter, Legal Affairs Correspondent

STATE COULD FACE COMPENSATION CLAIM

The State is likely to face a large compensation claim from Mr Frank 
Shortt, a Co Donegal nightclub owner and chartered accountant who spent 
three years in jail after allegedly allowing drugs to be sold at the 
entertainment venue. Yesterday he won his appeal against the conviction.

Mr Shortt told The Irish Times: "I have suffered greatly at the hands of 
the establishment, but justice, which has been absent for so long, has been 
achieved here today."

His counsel, Mr Eoin McGonigal SC, said he would be raising at a later date 
the issue of a miscarriage of justice. A certificate of miscarriage, issued 
by the court, provides the basis for seeking compensation.

The Director of Public Prosecutions (DPP) consented to Mr Shortt's appeal 
because of allegations against certain gardai in Co Donegal, some of whom 
were investigating him. He is considering whether these allegations warrant 
prosecutions.

There was reference at the hearing yesterday to a report of an 
investigation by an Assistant Commissioner, Mr Kevin Carty, into alleged 
corrupt practices by members of the Garda Siochana in Co Donegal. That 
report has gone to the DPP.

Mr Shortt was convicted in 1995 of knowingly allowing drugs to be sold in 
his nightclub in Quigley's Point, Co Donegal. He was fined pounds 10,000 
and sentenced to three years' imprisonment. He was released in 1998.

In the Court of Criminal Appeal yesterday the DPP said he was not resisting 
Mr Shortt's appeal against the conviction because of allegations against a 
member of the Garda Siochana in Co Donegal. The issue arose in the context 
of a motion for discovery of documents relating to the appeal.

Counsel for the DPP, Ms Miriam Reynolds SC, told the court that the 
allegations had gone to the DPP and he was considering if "certain actions" 
should be taken in relation to them.

The fact that the DPP did not resist Mr Shortt's appeal suggests that the 
inquiry contains material which, had it been known to the defence at the 
time of his trial, could have cast doubt on the evidence against him. This 
would mean his conviction was not "safe".

It was open to the DPP to seek a retrial, but, given that Mr Shortt had 
already served a sentence, Ms Reynolds said no useful purpose would be 
served. His conviction will now be quashed.

The next step for Mr Shortt's legal team is to seek a certificate of 
miscarriage of justice. That has to be decided "on the balance of 
probabilities" in the light of all the information available. The case has 
been adjourned until January 29th when the motion of discovery, for diaries 
belonging to an unidentified woman, will be sought.

If Mr Shortt obtains a certificate of miscarriage of justice his lawyers 
can then ask the court to fix compensation.

Following his imprisonment Mr Shortt's nightclub was burned down. He told 
The Irish Times yesterday that he was a member of the Institute of 
Chartered Accountants, and that the institute had begun proceedings to 
strike him off when he was convicted.
- ---
MAP posted-by: Jo-D