Lawyers for Co Donegal nightclub owner, Mr Frank Shortt, who is seeking damages from the State following a finding that he was a victim of a miscarriage of justice, told the High Court yesterday that Mr Short is unwell and wants an early hearing of his claim.
The President of the High Court, Mr Justice Finnegan, adjourned the matter to June 22nd, when he will consider when a date should be fixed.
He asked lawyers, in the meantime, to try and narrow the issues between them and get documents in order. The judge was told the assessment of damages would take two weeks.
Mr Shortt was convicted in 1995 of knowingly allowing the sale of drugs at his club, The Point Inn, Inishowen. He was released in 1998 and pursued an appeal against that conviction. In November 2000 the DPP informed the Court of Criminal Appeal (CCA) he was not opposing Mr Shortt's appeal.
In July 2002 the CCA decided that Mr Shortt had been the victim of a miscarriage of justice.
Mr Shortt, a father of five, had claimed afterwards that he and his family "had suffered greatly at the hands of the establishment" and his nightclub had been burned to the ground.
Yesterday, Mr Brian O'Moore SC, for Mr Shortt, told Mr Justice Finnegan that his client was unwell and that they were anxious to get the action for damages heard.
Mr Edward Comyn SC, for the State, said they were essentially looking at an assessment of damages. The question relating to the false imprisonment of Mr Shortt was the easy part but the substantive part of the claim was in regard to special damages and this had been, understandably, made more difficult by the fact that The Point Inn had been burned down.
He said the State had no wish to drag the matter out but he would be unable to advise on its attitude until he had received reports from accountants and valuers. That might take two weeks.