Shortt says State offered deal to withdraw appeal

A Donegal nightclub owner has told the High Court that the State offered to drop other charges against him, to transfer him to an open prison and to free him shortly afterwards if he would withdraw his first appeal against his conviction on charges of allowing drugs to be sold at his nightclub in Inishowen.

The offer was made after Mr Frank Shortt began his three-year prison term in March 1995 and while he was preparing for his appeal, he said yesterday.

After giving the matter serious thought, Mr Shortt said he rejected the offer as he believed to accept it would be "tantamount to an admission of guilt". He never felt guilty but did feel badly treated and he knew there was perjury by gardaí at his trial.

He lost his first appeal in 1996 and the State entered a nolle prosequi in relation to other charges against him, which were similar to those for which he was wrongfully convicted.

Yesterday was the third day of the hearing of Mr Shortt's claim for compensation against the Garda Commissioner and the State arising from his wrongful conviction on charges of allowing drugs to be sold at his nightclub, The Point Inn, in Inishowen. Mr Shortt received a three-year sentence.

In July 2002 the appeal court certified that Mr Shortt had been the victim of a miscarriage of justice which was grounded on the deliberate suppression of material by Det Garda Noel McMahon and Supt Kevin Lennon.

Yesterday Mr Shortt told the court that during his time in prison, he experienced depression and several medical problems and believed Mountjoy Prison was "crazy".

On one occasion a prisoner in a cell beside his was beaten by other prisoners with chair legs and he was also himself threatened by another prisoner, who, while in the final stages of AIDS, reacted badly to his refusal to ask his visitors to smuggle drugs into the prison for the dying inmate.

On another occasion, Mr Shortt said he refused to give a urine sample in the presence of a prison officer whom he described as a "bully". At that time, summer 1995, he was detained in Mountjoy's training unit but because of this incident, he was disciplined by being returned for 12 weeks to the old Mountjoy Prison.

In a letter in May 1995 to his wife Sally, Mr Shortt spoke of being "on a journey of despair, of disillusion, broken dreams and damaged self respect". However, he also wrote, while the future was uncertain, he was holding on to the hope they would have a bright future together when his freedom was regained.

In another letter, he referred to his brain being screwed up and being surrounded by men who constantly talked about crime. He isolated himself and spent practically all his days reading.

In a third letter, he wrote that it was impossible to spend time in prison and not be affected by it. It was like "falling into a sewer and hoping to come out smelling of perfume". He was constantly exposed to "eternal bad language, humdrum IQs and criminal minds".

While he told his wife that he believed she would be strong enough to cope with him when he was released, he expressed concern whether his youngest children would be able to do the same.

On his release, he was initially elated but after several weeks realised he was approaching 63 years of age, practically bankrupt with no business, no job and under threat of disciplinary action from the Institute of Chartered Accountants. He felt he must do something, he was not guilty, something would have to change and he would have to win back his good name.