Two senior gardaí are expected to give evidence next week at the hearing of nightclub owner Mr Frank Shortt's application for a certificate declaring a miscarriage of justice. Serious allegations have been made about the two to the Carty inquiry into alleged corruption among gardaí in Donegal.
The Court of Criminal Appeal was told yesterday that Supt Kevin Lennon had given a statement to lawyers for the DPP which dealt with allegations made against him by two Co Donegal women, Ms Adrienne McGlinchey and Ms Sheena McMahon. The allegations were made in statements to the Carty inquiry and during evidence.
Mr Edward Comyn SC, for the DPP, said he had also been told by a solicitor representing Det Garda Noel McMahon that the detective wished to give evidence in relation to certain matters.
Ms McGlinchey, of Letterkenny, and Ms McMahon, Det Garda McMahon's estranged wife, made a number of allegations against both gardaí, who were formerly attached to Buncrana Garda station, when giving evidence during the hearing earlier this month of Mr Shortt's application.
Mr Shortt, of Redcastle, Inishowen, served a three-year prison sentence after he was convicted in 1995 of allowing his nightclub, The Point Inn, Inishowen, to be used for the sale of drugs. The conviction was overturned in November 2000 with no opposition from the DPP.
Among the allegations made by Ms McGlinchey and Ms McMahon was a claim that Det Garda McMahon had told them he had perjured himself during the trial of Mr Shortt. Ms McMahon alleged her husband had told her he perjured himself to help get Supt Lennon promoted (Supt Lennon was then an inspector).
The hearing of Mr Shortt's application was adjourned on May 14th last after Mr Comyn said he had had difficulties getting instructions from the two gardaí and wanted time to clarify whether they were denying the claims made against them.
Yesterday, Mr Comyn said he had received a statement from Supt Lennon which raised further questions which he wished to put to Ms McGlinchey and Ms McMahon in cross-examination. Counsel said he had also been assured by Det Garda McMahon's solicitor that the detective wished to give evidence about certain matters arising out of the women's evidence.
Mr Comyn said he was expecting a statement from Det Garda McMahon later yesterday. When the case resumed next week, he intended to call Supt Lennon to give evidence and also anticipated he would be calling Det Garda McMahon. He anticipated that there would be substantial matters to be raised with Ms McGlinchey but that Ms McMahon's cross-examination would not take as long.
Mr Comyn also told the court that another document which had just come to light showed that Ms McMahon's allegation that her husband had told her he committed perjury during Mr Shortt's trial was made earlier than had been indicated to the court.
At the May 14th hearing, the Court of Criminal Appeal was told the perjury allegation was made in a statement of Ms McMahon's, dated September 15th 1999, to the Carty inquiry. The statement was received by the DPP's office on October 31st, 2000.
The court was told the statement was not available for the consideration process that led to the DPP's decision not to challenge the application to quash Mr Shortt's conviction.
Also yesterday, the court was given another document relating to Ms McMahon's allegation that she had seen her husband, Supt Lennon, and other gardaí in a room of her home preparing a statement for the Shortt case.
Ms McMahon had said some of the writing in a notebook, which she knew to be her husband's and which she had seen in Supt Lennon's hand, was in red ink. Mr Comyn said this latest document had comments on it which were in red ink and he wanted to ask Ms McMahon certain questions about the document.
Mr Desmond Murphy, for Mr Shortt, said the case could now run for another two weeks. His side was also reserving its position on whether Ms McMahon could be recalled.
Mr Justice Hardiman, presiding, and sitting with Mr Justice O'Donovan and Mr Justice O'Higgins, said the May 14th application to adjourn the case was expressly granted on the basis that it had not been opposed by Mr Shortt's side. The adjournment was also sought by Mr Comyn on the basis he would have further questions for Ms McMahon. It was the court's view Mr Comyn was entitled to re-examine Ms McMahon.
The judge added the court was "alarmed" to hear that the case could extend another two weeks and it did not believe that time was required. One of the judges had a commitment to a criminal trial. However, the court would give the case "as long as it takes".
He directed that Mr Shortt's side be given by 5 p.m. today the statements of all witnesses yet to be called. The hearing resumes on Tuesday.
