A Co Donegal nightclub owner, Mr Frank Shortt, who is applying for a certificate that he was wrongly jailed and that there had been a miscarriage of justice in his case, has had his application for further discovery of State documents rejected by the Court of Criminal Appeal.
A year ago, with the agreement of the DPP, the court quashed a conviction against Mr Shortt that he allowed his nightclub at the Point Inn, Quigley's Point, Inishowen to be used for the sale and distribution of drugs. Mr Shortt had already served three years for his conviction.
Certain documents have already been made available to Mr Shortt, but he had asked for two statements made by two women; all documents relating to the activities of two Garda members which are contained in the report of the Carthy Investigation (into alleged Garda corruption in Co Donegal); and the Garda file on himself and any file on an alleged drug-dealer.
Refusing that application yesterday, the Chief Justice, Mr Justice Keane, said the court's refusal was entirely without prejudice to Mr Shortt's right, during the hearing of his application for a certificate of a miscarriage of justice, to ask the court involved for an order of discovery of any further relevant documents. If Mr Shortt is granted a certificate that there has been a miscarriage of justice, he will be in a position to sue the State for damages.