The Court of Criminal Appeal has reserved judgment on an application by Co Donegal nightclub owner Mr Frank Shortt for a certificate declaring a miscarriage of justice arising from his conviction for knowingly allowing his club, the Point Inn, Inishowen, to be used for the sale of drugs.
Judgment is expected before the end of July.
Mr Shortt, who served a three year prison sentence arising from his 1995 conviction which was quashed in November 2000, is contending that 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 has 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 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, he took the decision not to oppose Mr Shortt’s appeal. The DPP argues Mr Shortt is not entitled to the certificate sought.