Judge criticises failure to produce document

The Court of Criminal Appeal has strongly criticised the failure of the Garda authorities to disclose an "immediately relevant" document supporting the evidence of a woman that her detective garda husband had told her he had perjured himself during the trial of nightclub owner Mr Frank Shortt.

Mr Justice Hardiman, presiding, said it was not possible to overestimate the significance of the document - a memorandum of an interview by members of the Carty inquiry team with Ms Sheena McMahon, dated September 15th, 2000.

It was fair to say that the document supported evidence given by Ms McMahon in court yesterday and the court wanted to know why it had not been disclosed by the Garda authorities. On each day of Mr Shortt's appeal, the court had had to refer to inadequate disclosure by the Garda authorities. It seemed that documents were only being produced when it was essential to do so.

The document came to light yesterday afternoon after Ms McMahon had said in her evidence that she believed she had made a separate statement to the Carty team relating to Mr Shortt's trial.

In that document, Ms McMahon stated that Mr McMahon told her he had committed perjury in court and that he had said Supt Kevin Lennon put him up to telling lies.

It also stated that Ms McMahon had said Mr Shortt did not deserve the sentence he had received and that Mr Shortt had asked gardaí in Buncrana to put gardaí into his nightclub and clear the place of drugs.

Mr Justice Hardiman said these latter statements reflected the evidence Mr Shortt had given at his trial in 1995. It was not possible that anyone could consider this statement was not relevant, he said.

He directed that the court be told on Monday whether the DPP had been aware of the statement prior to yesterday.

It could be that the DPP was as much in the dark as everyone else, Mr Justice Hardiman remarked.