The Court of Criminal Appeal will give judgment tomorrow on an application by a Co Donegal nightclub owner for a certificate declaring a miscarriage of justice arising from his conviction for knowingly allowing his club to be used for the sale of drugs.
Mr Frank Shortt, the Point Inn, Inishowen, who served a three-year prison sentence before his conviction was quashed in 2000, claims newly-discovered documents and other evidence show there was a conspiracy by gardaí to procure his conviction.
The DPP has rejected the allegations of conspiracy and said 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 has submitted he 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, took the decision not to oppose Mr Shortt's appeal. The DPP argues Mr Shortt is not entitled to the certificate sought.
Tomorrow afternoon, Mr Justice Hardiman, presiding, sitting with Mr Justice O'Donovan and Mr Justice O'Higgins, will deliver their reserved judgment on the application which was heard over 16 days.
During the hearing, two Co Donegal women, Ms Adrienne McGlinchey, Port Road, Letterkenny, and Ms Sheenagh McMahon, the estranged wife of Det Garda Noel McMahon, made a number of serious allegations against gardaí, including a claim that Garda McMahon had said he perjured himself to get Supt (then inspector) Kevin Lennon promoted.
Both men, who were formerly attached to Buncrana Garda Station, denied these and other allegations, including claims by Ms McGlinchey that the gardaí had planted bomb-making material in locations around Co Donegal for the purpose of being found by gardaí.
The court also heard criticism by several witnesses of the conduct of the Carty investigation into alleged Garda corruption in Co Donegal.
The evidence concluded on June 19th and the legal submissions were heard earlier this month, after which the court reserved its decision.
In his closing submissions, Mr Eoin McGonigal SC, for Mr Shortt, said newly-discovered facts not available at the trial grounded his application for a certificate.
Counsel said that possibly the most significant part of his case was the evidence of Ms McMahon, who had told the court her husband had informed her he perjured himself during Mr Shortt's trial and who was the catalyst for "the whole thing unravelling". The court should find her credible and not hold the fact she had family and personal difficulties against her, he said.
He was contending there was collaboration by Supt Lennon and Garda McMahon in the preparation of Mr McMahon's statement for the trial of Mr Shortt. Mr McGonigal added that Supt Lennon's suggested amendments to Garda McMahon's statement were important and this was where the trial was "flawed completely".
Mr McGonigal accepted there were problems with some of the evidence of Ms McGlinchey.
Mr Edward Comyn SC, for the DPP, agreed he was advancing the case that Garda McMahon's evidence in relation to the perjury allegation was more credible than his estranged wife's evidence. He agreed that if the court was satisfied Mr McMahon told his wife he had committed perjury, this would have a very important effect on the application and the court would have to ask why such a thing was said. The DPP was contending Ms McGlinchey's evidence was not reliable.
Counsel said it was not at all unusual that vital parts of a criminal offence are overlooked by gardaí and not included in their statements.
