The Garda Commissioner, Noel Conroy, has apologised to Co Donegal nightclub owner Frank Shortt, who was wrongly convicted of allowing the sale of drugs on his premises. In a letter to Mr Shortt, Mr Conroy expresses his "sincere sorrow and regret" for "the irresponsible actions of some members of An Garda Síochána". Shane Hegartyand Conor Lallyreport.
In 1995, Mr Shortt was wrongly convicted of allowing the sale of drugs at his Point Inn premises in Quigley's Point, and served 27 months in jail.
Earlier this month, the Supreme Court increased the damages to be paid to him for a miscarriage of justice from €1.9 million to €4.7 million. In his judgment, Justice Adrian Hardiman had said that Mr Shortt had been subjected to "the worst known oppression of a citizen by the State". Mr Shortt was "perjured into prison" by "out-of-control" gardaí, he said. He added that what happened was "so outrageous as almost to defy description but the Garda force has yet to admit this".
Mr Justice Hardiman also described the State's apology to Mr Shortt last year as "carefully drafted", belated and limited.
Mr Shortt said that he "appreciated deeply" the letter from Mr Conroy. Last night, he also received a phone call from President Mary McAleese.
Mr Shortt (72) said that he feels he is now "entitled" to an apology from the Government.
At the Supreme Court hearing, in May of last year, Michael Cush SC, for the State, said the State acknowledged "that Mr Frank Shortt was the victim of a grave miscarriage of justice. For that and for all his suffering and loss as a consequence, the State apologises to him unreservedly".
According to the Shortt family, the letter from Mr Conroy, which is dated March 22nd, the day after the Supreme Court judgment, stated: "Following the recent conclusion of legal proceedings in the Supreme Court, I consider it appropriate that I, as Commissioner of An Garda Síochána, should unreservedly express my sincere sorrow and regret to you and your family for the irresponsible actions of some members of An Garda Síochána in failing to adhere to the professional investigative standards and procedures of the organisation that led to your wrongful conviction.
"It is to your immense credit that, not withstanding the wrong caused to you, you have publicly expressed your continued confidence in An Garda Síochána and I thank you for that support.
"On my own behalf and that of An Garda Síochána I wish you and your family the very best for the future."
The Garda Press Office last night refused to confirm the details of the letter, saying that it would not comment on "private correspondence".
Mr Shortt told The Irish Timesthat the letter showed "courage and conviction". He added that it was "a great vindication" of his innocence.
Mr Shortt said the apology was unexpected. "I have been fighting this for 12 or 13 years. It was a brick wall. And all of a sudden it begins to break up. I think there was a lot of work going on by decent people behind the scenes."
However, he condemned the Government, particularly the Taoiseach, for not following suit. "I'm still awaiting the most important apology. The Birmingham Six received a personal apology from the British prime minister, Tony Blair, and all charges were cancelled out. I think that myself, my wife and my family are likewise entitled to receive a personal apology, both verbally and by letter from our prime minister.
Mr Shortt said he has received many phone calls of support in recent days from politicians and the public. Mr Shortt's son Jalisco last night told The Irish Timesthat Mrs McAleese had also phoned his father yesterday to express her regret at the miscarriage of justice.
"She said she felt sorry that the whole thing had happened. She told him she had heard him on the radio and that he spoke very well, that he sounded like an upstanding gentleman and she couldn't understand why it had happened.
"He was absolutely delighted. She rang me first looking for his number and I thought it was a wind-up but she made it clear who she was. It's the cherry on top of the icing on the cake for us."