A Garda Detective asked a woman to go into a Co Donegal nightclub and plant drugs there prior to the club being raided by gardaí, the Court of Criminal Appeal was told today.
The owner of the Point Inn nightclub, Mr Frank Shortt, was later jailed for three years for allowing his premises to be used in 1992 for the sale of drugs.
Mr Shortt’s 1995 conviction was quashed by the CCA in November 2000 on grounds that newly discovered facts rendered it unsafe. The DPP did not oppose the quashing of the conviction and also did not seek a retrial.
Mr Shortt, who served his sentence, is now seeking a certificate that there was a miscarriage of justice in his case.
Today, Ms Adrienne McGlinchey, with an address in Letterkenny, told CCA she was given money by Detective Garda Noel McMahon, formerly attached to Buncrana Garda Station, to buy drugs and was also asked to go into the Point Inn, Quigley’s Point, Inishowen, and plant drugs there. She was asked by him "so many times" to buy drugs, "he was ringing me morning, noon and night", she added.
She had asked a girl she worked with about buying drugs but never bought the drugs. She was later told by Det McMahon he had got someone else to get the drugs. Years later, Det McMahon told her they had used the drugs at the Point.
She agreed she had told gardai she believed Mr Shortt was "set up" in the Point Inn by Det McMahon. Det McMahon had later told her he felt guilty about Mr Shortt. She only realised years later Mr Shortt had gone to jail over drugs on his premises.
She believed certain gardaí had gone into the Point Inn and planted drugs there. She had been shown a map of the club by Det McMahon and he had asked her to put drugs in certain places there.
Ms McGlinchey said she believed Det McMahon was looking for drugs so he would have a lot to show his superiors and get more money for overtime. It had nothing to do with Frank Shortt, she said. Det McMahon had been undercover for about two months at The Point Inn, people recognised him and he could not get drugs there. She said Det McMahon told many people Mr Shortt was allowing drugs into the Point.
Ms McGlinchey was summoned to court today to give evidence in the application by Mr Shortt. Counsel for Ms McGlinchey unsuccessfully challenged the witness summons and also failed in an application to have her anonymity preserved on the grounds her life was in danger.
The court was told she had made statements incriminating certain gardaí in certain matters and that threats had been made by gardaí against her. Ms McGlinchey said she feared for her life.
The hearing continues tomorrow.