McDowell to address further 'serious issues' in Shortt case

The Minister for Justice, Equality and Law Reform, Mr McDowell, has said he plans to make a statement within days on "issues …

The Minister for Justice, Equality and Law Reform, Mr McDowell, has said he plans to make a statement within days on "issues of a serious nature" arising from this week's miscarriage of justice case involving the Co Donegal nightclub owner Mr Frank Shortt.

The promise came last night following the suspension of two further members of the Garda Síochána as a result of the case.

Supt Kevin Lennon and Garda Tina Fowley were suspended yesterday by the Garda Commissioner.

A third member of the force, Det Garda Noel McMahon, is already on suspension.

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The two gardaí disciplined yesterday are understood to have been suspended on full pay.

A renewed Garda investigation is under way into the allegations arising from the miscarriage of justice.The initiative follows a previous extensive inquiry led by Assistant Garda Commissioner Kevin Carty into allegations of corruption involving some gardaí in Co Donegal.

The Department of Justice statement said: "The Minister, in consultation with the Garda Commissioner, is now considering further issues of a serious nature on which he intends to make a statement in the coming days."

Meanwhile, it has emerged that Mr Shortt had been in the process of seeking Garda advice and assistance to counter what he and his wife, Sally, feared was the spread of illegal drugs to their club, The Point, at Quigley's Point, when they became the subject of a conspiracy by two gardaí.

Mr Shortt contacted a senior officer who had no part in, or knew nothing of, the subsequent conspiracy which resulted in Mr Shortt being charged and convicted of allowing his premises to be used for the sale of drugs.

Mr Shortt served a three-year prison term before the conspiracy came to light in 1999, and the Director of Public Prosecutions (DPP) withdrew the charges.

Speaking yesterday, Mr Shortt said: "We know what happened. What happened was that there was fabrication and lies and set up..."

Detectives are examining evidence given about the alleged conspiracy to plant drugs in The Point nightclub and to fabricate evidence against Mr Shortt.

On Wednesday, the Court of Criminal Appeal found that Det Garda McMahon and Supt Lennon had "consciously and deliberately" invented evidence, and then concealed this fact.

Earlier yesterday, the Taoiseach, Mr Ahern, said it was inevitable the case would have "certain worrying effects" on the public. However, he did not believe it had seriously damaged the reputation of the Garda .

"People like to believe that the guards are above any of these issues. At the same time, once it happens the important thing is how it's handled... and I think people will be glad to see that no stone will be left uncovered in these investigations," he said.

The Garda Commissioner, Mr Pat Byrne, said he took a serious view of the contents of the judgment, which was being examined by him and his senior officers as a priority."This is a comprehensive judgment and whatever actions require to be taken as a result of the examination will be done without delay."

Garda representative groups declined to discuss the case yesterday.

Mr Shortt will be entitled to substantial compensation as a result of his wrongful imprisonment. The only previous occasion of a miscarriage of justice certificate being granted was in March 2001 in the case of two youths, Mr Joseph Meleady and Mr Joseph Grogan, known as the "Tallaght Two".

Contrary to a report in yesterday's Irish Times, which said the two men were suing the State for compensation, they have, in fact, applied to the Minister for Justice, Equality and Law Reform for compensation.

Mr Shortt is entitled under the Criminal Procedure Act, 1993, to do likewise. On receipt of an offer, he can appeal to the High Court if he is unhappy with it. Alternatively, Mr Shortt could by-pass the Minister and initiate an immediate action for damages.