The High Court has ruled that the State will have to pay the legal costs at the highest level to Co Donegal man Frank Shortt for his action for damages arising from his wrongful conviction and three year imprisonment on charges of allowing the sale of drugs at his nightclub in Inishowen.
The President of the High Court, Mr Justice Joseph Finnegan, said it would be inappropriate if Mr Shortt had to dip into his own €1.9 million damages award "to satisfy the difference properly due to his legal advisers".
Frank Shortt pictured leaving the High Court after it ruled on his award for wrongful conviction
The judge had awarded that sum in damages to Mr Shortt earlier this month and the matter was returned today to deal with the issue of costs.
The judge directed that the State should pay costs incurred by Mr Shortt in his legal action on a solicitor/client basis, the highest level.
When awarding the €1.9 million damages to Mr Shortt, the had judge said the case involved an "outrageous abuse of power" by some gardai. Yesterday, Mr Brian O'Moore SC, for Mr Shortt, applied to have costs fixed on a solicitor client basis rather than the more usual basis.
The judge said he had no idea of the difference involved. However, he said, it could be that Mr Shortt would suffer a significant reduction in his award because he had to take the necessary steps to fully pay his legal bills.
He had three senior counsel on his side.
The judge said Mr Shortt could not be criticised for taking every precaution in the preparation of his case which was not an easy one. Mr O'Moore said his client's case was different to others in that Mr Shortt had been "put through the wringer" and had been treated appallingly by the State.
"Frank Shortt has been through something caused by the State. Why in this case should he have to put his hand in his pocket for costs reasonably incurred and not incurred in a feckless way? The answer is he should not," counsel said.
Mr Justice Finnegan said he took in to account that Mr Shortt had run his case in an economical way and the particular circumstances of the case. He said his costs order would include all reserved costs, overnight transcripts , legal submissions of counsel and discovery costs. The judge put a stay on the order for 21 days in the event of an appeal.