DPP NOT OPPOSING PUBLICAN'S APPEAL BID

BECAUSE of allegations against a member of the Garda in Co Donegal, the DPP
told the Court of Criminal Appeal yesterday he is not opposing an appeal by
a former nightclub owner, Frank Shortt, against his conviction for
knowingly permitting his club -- The Point Inn at Quigley's Point,
Inishowen -- to be used for the sale and distribution of drugs.

Miriam Reynolds SC, for the DPP, also indicated to the court that the DPP
would not be seeking a re-trial in relation to Mr Shortt, of Redcastle, Co
Donegal because Mr Shortt had already served a three year sentence on foot
on his conviction.

Mr Shortt was charged with the drug offences in 1995. After an eight day
trial, he was convicted, sentenced to three years imprisonment and fined
pounds 10,000. He was released from prison in 1998.

The case of Mr Shortt is understood to have been one of the matters
investigated by a garda team headed by Assistant Commissioner Kevin Carty.
Mr Carty has conducted an investigation lasting almost a year into
incidents, dating back to the mid 1990s, of alleged corrupt practices by
gardai in Co Donegal.

Mr Shortt's case was before the three judge CCA yesterday on foot of a
motion for discovery of certain documents which Mr Shortt was seeking for
his appeal. Those documents include certain diaries, details of which were
not specified in court.

When the matter was mentioned, Ms Reynolds said the DPP will not be
resisting the grounds on which the application was based and would be
asking the CCA to allow the appeal on grounds set out in the grounds of
appeal which related to an allegation against a member of the Garda.

Eoin McGonigal SC, for Mr Shortt, said the most important thing was that
the DPP was consenting to the conviction of his client being set aside.

There remained a question whether the court should certify whether there
was a miscarriage of justice and that could only be done if all the
documents were before the court, Mr McGonigal added.