Damages are to be paid by the State to the family of Frank Shortt, after a settlement was agreed at the High Court in Dublin yesterday.
The State and Garda Commissioner have acknowledged before the High Court that the injustice done to the wrongfully jailed Co Donegal publican has had "serious consequences" for his wife and five children, causing each of them "considerable suffering and distress".
Mr Shortt (70) has already been awarded damages and the settlement of his family's action comes as he awaits the outcome of his appeal to the Supreme Court against the €1.93 million award of damages to him by the High Court. He has argued that amount was inadequate.
At the close of the Supreme Court hearing last May, the State unreservedly apologised to Mr Shortt for his wrongful conviction and imprisonment on trumped up charges that he allowed the sale of drugs at his former nightclub, the Point Inn, Inishowen, and acknowledged he was the victim of a grave miscarriage of justice.
In the separate action taken by his family the amount of damages, to be paid without any admission of "legal liability" by the State or Commissioner, is believed to be a substantial six-figure sum, but was not disclosed in court yesterday. Mr Justice John Quirke was told the actions brought by Sally Shortt, Mr Shortt's wife, and her five children against the State and Garda Commissioner had been settled.
Mr Shortt, his wife and their children, Aariah (24), Jalisco (34), Kristian (25), Natasha (33) and Zabrina (28), were in court when a statement was read by Mr Michael Cush SC, for the State defendants, as part of the settlement. It stated that Mr Shortt was wrongfully convicted on February 28th, 1995 of drug offences and sentenced to three years imprisonment on March 1st, 1995. On July 31st, 2002, the statement noted, the Court of Criminal Appeal certified a miscarriage of justice in Mr Shortt' s case.
"On behalf of the State, I wish to acknowledge that the wrong done to Mr Frank Shortt has had serious consequences for his family and has caused each member of his family considerable suffering and distress," said the statement read out in court by Mr Cush. "The State does not accept it can have any legal liability for such consequences but, in the unique circumstances which have arisen, is happy to reach an accommodation with the plaintiffs on an ex-gratia basis."
The action had been fully contested by the State and was expected to last several days. However, after it was called yesterday morning, there were talks between the sides leading to the announcement of the settlement at 2.15pm by Mr Hugh Mohan SC, with Mr Brian O'Moore SC, for the Shortts. Mr Justice Quirke noted the settlement and made orders striking out the actions. The State is also to pay the Shortt family's legal costs.
Afterwards, Mrs Shortt said she was happy with the outcome and was "glad it's all over". In her claim, Mrs Shortt alleged that, as a result of the wrong done to her husband and his 26 months in jail, she was deprived of the normal joy of marriage and had to cope on her own with children, financial worries, ill-health, which required major surgery in 1996, and the appointment of a receiver to the family business at Inishowen.
She said she also suffered the loss of her own good name and was shunned because of her husband's alleged drug dealing. She felt socially isolated and had to absorb the insults and hostility displayed to her children. The period was one of constant mental distress.
Because of the jailing of her husband in 1995 and the destruction of their business, she was unable to provide for her children as she wished, and food, heating and entertainment had to be curtailed, she said.
