A lawyer representing a Co Donegal nightclub owner who served three years in prison on drugs charges has alleged that there was a "criminal conspiracy by some gardai" to put Mr Frank Shortt "behind bars".
However, counsel for the DPP told the Court of Criminal Appeal yesterday that any allegation of criminal conspiracy on the part of the prosecution was not accepted.
The court was hearing an application on behalf of Mr Shortt, of Redcastle, Inishowen, in relation to certain documents he wants to obtain for proceedings in which he will seek a certificate stating that there was a miscarriage of justice. Such a certificate would enable him to sue for damages. The court reserved its decision on the application.
An appeal by Mr Shortt against his conviction for allowing his nightclub to be used for the sale and distribution of drugs was not opposed by the DPP when the case came before the Court of Criminal Appeal last November.
Mr Shortt has served a three-year sentence following his conviction for knowingly permitting the Point Inn, Quigley's Point, Inishowen, to be used for the sale and distribution of drugs. He was charged in 1995 and, following an eight-day trial, was convicted and sentenced.
The discovery application was for Mr Shortt's lawyers to be given copies of statements which, it is claimed, were in Buncrana Garda station in August 2000. His counsel, Mr Desmond Murphy, said that he was only given access to extracts from the statements.
The case of Mr Shortt is understood to have been one of the matters investigated by a Garda team headed by Assistant Commissioner Kevin Carty, who conducted an inquiry into incidents dating back to the mid-1990s of alleged corrupt practices by some gardai in Co Donegal.
One statement being sought was claimed to include allegations that a person purchased drugs with the co-operation of members of the Garda in order to facilitate Mr Shortt's conviction.
Mr Murphy told the court that what he saw at Buncrana Garda station were edited documents of full statements. He argued that he was entitled to see the full statements.
Ms Miriam Reynolds SC, for the DPP, said that the statements had not been edited and had been furnished to the other side in their entirety.
The Chief Justice, Mr Justice Keane - sitting with Mr Justice Lavan and Mr Justice O Caoimh - said that the court would read copies of the material being sought and consider it as a matter of some immediacy.