A Garda Superintendent involved in two major controversies in Co Donegal concerning Inishowen nightclub owner Mr Frank Shortt and the family of Raphoe publican, Mr Frank McBrearty, has brought High Court proceedings against the State and the Garda Commissioner.
Mr Justice Smyth adjourned to January 27th an application by Supt Kevin Lennon for an interlocutory injunction to restrain the State and the Commissioner from commencing proceedings "with a view to considering the degradation or dismissal of the plaintiff".
The Court of Criminal Appeal last year found that Supt Lennon and Det Garda Noel McMahon had suppressed evidence for the trial of Mr Shortt to address serious weaknesses in the case.
The CCA certified there had been a miscarriage of justice arising out of the conviction of Mr Shortt for knowingly allowing the sale of drugs at his nightclub, the Point Inn, Inishowen, in 1992. He served three years in prison arising from his 1995 conviction which was set aside by the CCA in November 2000 with no opposition from the DPP after certain allegations were made in the report of the internal "Carty" Garda inquiry into alleged corruption by gardaí in Co Donegal.
Granting a certificate to allow Mr Shortt to sue the State for compensation, the CCA presiding judge, Mr Justice Hardiman said the court had focused principally on "the transformation" which occurred in the evidence of Det McMahon the principal witness against Mr Shortt, about September 1994, prior to Mr Shortt's trial.
The court concluded that particular evidence was invented at that time to address certain serious weaknesses in the case against Mr Shortt and, to avoid this invention being discovered, certain essential documents were concealed at the trial.
Det McMahon and Supt Lennon, both formerly attached to Buncrana Garda station, were involved in an undercover Garda operation into alleged drug dealing at the Point Inn in 1992.
During the 16-day CCA hearing of Mr Shortt's application for a certificate, allegations were made by Ms Sheenagh McMahon, that her estranged husband told her he perjured himself at the Shortt trial and did so in order to get Supt Lennon promoted.
Another witness, Ms Adrienne McGlinchey, also made allegations that Det McMahon and Supt Lennon were involved in planting explosives in Co Donegal locations to be found subsequently by gardaí.