The Supreme Court has awarded publican Frank Shortt over €4.6 million in damages for his wrongful conviction and imprisonment on charges of allowing the sale of drugs at his former nightclub in Inishowen, Co Donegal.
Frank Shortt outside the High Court
Mr Shortt (70) was initially awarded €1.93 million by the High Court last year. He appealed the decision to the Supreme Court, arguing that the amount was inadequate.
Today's ruling comes almost a year after the State unreservedly apologised at the Supreme Court to Mr Shortt for his wrongful conviction and imprisonment on trumped-up charges that he allowed the sale of drugs at his former nightclub in Inishowen.
Mr Shortt, a married father of five, of Redcastle, Co Donegal, had served 27 months in prison. He was convicted initially in 1995. His first appeal against his conviction was rejected but after his release in 1998 he pursued the matter and secured a fresh appeal.
In July 2000, the Court of Criminal Appeal decided that Mr Shortt had been the victim of a miscarriage of justice. It ruled the miscarriage was on grounds of newly discovered facts - the deliberate suppression of material by two gardaí, Det Garda Noel McMahon and Supt Kevin Lennon.
In today's judgment, the President of the Supreme Court, Chief Justice Mr Justice John Murray, said Mr Shortt had been "the victim of disreputable conduct and a shocking abuse of power" by two Gardai in 1992.
Mr Justice Murray was highly critical of the officers concerned saying they "both engaged in a conspiracy to concoct false evidence against the plaintiff" and were guilty of "the gravest dereliction of duty and abuse of power that one could ever fearfully contemplate would be engaged in by servants of the State and officers of law and order".
He further described the affair as "a stain of the darkest dye" on the "fine tradition of the institution of An Garda Síochána."
However, Mr Justice Murray added "this affair cannot be bracketed as a couple of bad apples in the proverbial barrel. The misconduct penetrated the system of law enforcement too deeply and persisted over too long a period to be discounted in such a fashion".
Concerning the lack of credence given by the Garda to Mr Shortt's case, Mr Justice Murray said "the lack of immediacy or action in response to the evidence which emerged concerning his trial does raise such questions as to whether there is some complacency at different levels in An Garda Síochána with regard to the exacting standards of integrity which must at all times be observed by its members".
He said Mr Shortt suffered "a tormenting saga of imprisonment, mental and physical deterioration, estrangement from family, loss of business, public and professional ignominy and despair....in order to assist the career ambitions of a number of members of the Garda Síochána".
Mr Justice Murray said: "Unfortunately, the conduct of the Garda officers before, during and following the trial and associated circumstances cannot but reflect negatively on the Garda Síochána."
He added that an apology from the State "came late in the day before this Court in these proceedings and can in my view have little effect on mitigating damages".
"I am therefore wholly satisfied that a very substantial element of the plaintiff's compensatory damages should comprise a sum for aggravated damages for the outrageous and arrogant manner in which the wrongs were inflicted on him, insofar as money can do it."
He awarded Mr Shortt €2.25 million in compensatory damages to include aggravated damages. He also awarded him €1 million in "exemplary damages" and costs of €12,650 in legal fees.
Mr Justice Murray also awarded him €550,000 for loss of profits at his pub, the Point Inn and €806,221 for the loss of the pub and an adjoining caravan park. In total, Mr Shortt was awarded €4,623,871.