Frank Shortt's disappointment at the level of compensation awarded was understandable, writes Carol Coulter, Legal Affairs Correspondent
The persecution of Frank Shortt by members of the Garda Síochána in Donegal began in 1992 when his nightclub was targeted for a number of highly visible raids by gardaí. This was accompanied by road blocks directed at people attending the club. The raids culminated in his arrest and prosecution for allowing drugs to be sold on his premises. He was convicted and sentenced to three years' imprisonment, of which he served 27 months. While he was in prison his pub and nightclub was burned down by, it has been acknowledged, paramilitaries, following a number of threats from the IRA.
His family was left without any means of support except the prisoner's wife allowance and some part-time earnings by his wife.
His reputation was totally destroyed in the community. His membership of the accountants professional body was rescinded. He suffered gravely from depression and other illnesses. His family was under great stress and his relationship with his children was damaged.
It then emerged, when the whole edifice of Garda conduct in Donegal began to crumble, that the evidence that sent him to jail and unleashed this series of events had been totally fabricated.
Det Garda Noel McMahon and Insp (later Supt) Kevin Lennon, whose behaviour has been roundly condemned in the report of the Morris tribunal, had been involved in the raids. McMahon's estranged wife said her husband had perjured himself at the trial. Adrienne McGlinchey, who was used by McMahon and Lennon is various attempts to enhance their reputation, said she planted drugs in Mr Shortt's nightclub at McMahon's behest.
When Mr Shortt appealed against his conviction, the DPP did not oppose it. A certificate of miscarriage of justice followed. It was inevitable that a claim for damages would ensue, and this case was heard earlier this year.
Mr Justice Joseph Finnegan, president of the High Court, found the State was liable for the litany of misfortune suffered by Mr Shortt and his family as a result of the Garda misconduct. The only issue was the calculation of damages to be paid. Experts battled it out over the value of the pub and nightclub and the adjoining caravan park, which all had to be sold at knock-down prices following the fire. The ultimate value put on them' was €550,000, net of tax.
However, the attention of most people will focus on the compensation afforded to Mr Shortt for his wrongful arrest, conviction and imprisonment and the effect this had on him, his standing and on his family, for which Mr Justice Finnegan awarded him, €500,000.
This can be contrasted with a similar sum paid to a man who spent two periods totalling less than a year in a psychiatric hospital against his will, and the prescription of anti-psychotic drugs to him. John Manweiler originally was awarded €3 million by the High Court for his wrongful detention by the Eastern Health Board, but he settled his case for €500,000 when the original award was appealed to the Supreme Court. It is believed Mr Manweiler's legal team accepted a reduced payment in the light of a series of Supreme Court rulings in which awards for general damages have been dramatically reduced.
The period for which Mr Manweiler was detained was about a third of the time Mr Shortt was deprived of his liberty. While involuntary detention in a psychiatric hospital is a very negative experience, it is arguably less onerous than detention in prison. Also, Mr Manweiler was not branded a drug-dealer, deprived of his professional standing and generally subject to public odium, as was Mr Shortt, whose family was also severely affected by what occurred.
Most seriously, the damage caused to Mr Shortt was done by agents of the State charged with upholding the law. Instead they broke the law in the most serious way, fabricating evidence and committing perjury.
Exemplary damages are intended both to punish the wrongdoer and to deter others from committing similar wrongs. They are meant to send out a powerful message. In this instance, the additional exemplary damages awarded to Mr Shortt for the wrong committed by members of the Garda Síochána were €50,000.
This must be seen in the context of the money paid out by the Garda over the past few years for assault, wrongful arrest and other wrongdoing, which has been running at well over €1 million a year. In 2001 it was €1.6 million, in 2002 it was €1.204 million, in 2003 it was a similar sum and last year it was just under €1 million. It is hard to see how €50,000 will act as a significant deterrent in this context.