The Supreme Court ordered the State defendants to pay Francis Shortt €4,623,871 in damages after finding that gardaí framed him for drug offences and that subsequent conduct by the authorities compounded the harm.
In a judgment delivered on 21 March 2007, Mr Justice Adrian Hardiman said the award followed Shortt’s appeal against damages set by the High Court President. The court treated the case as a claim under section 9 of the Criminal Procedure Act 1993, following the Court of Criminal Appeal’s declaration that Shortt’s conviction was a miscarriage of justice. By agreement, the damages assessment also took account of common law claims for events after he was charged.
The Supreme Court held that aggravated damages were warranted, citing the manner in which the case was pursued, the alleged obstruction of temporary release, an offer of early release conditional on dropping his appeal, and perjured evidence used to oppose his miscarriage-of-justice application. The court said these matters went beyond the original conspiracy and made a separate award for aggravated damages necessary. It also held that exemplary damages should not have been reduced to avoid “double compensation”, because they serve a distinct purpose.
The State had conceded on appeal that Shortt was the victim of a grave miscarriage of justice and apologised for his suffering and loss. The court noted that the apology came late, did not refer to Shortt’s innocence and was not offered on behalf of An Garda Síochána. Shortt accepted it “in the spirit in which it was offered”.
Shortt had been sentenced to three years’ imprisonment in 1995 after a prosecution based on false Garda evidence. The Court of Criminal Appeal later quashed the conviction with the DPP’s consent in 2000, then declared it a miscarriage of justice in 2002 after a contested hearing. The Supreme Court judgment recounted findings that Garda officers had altered evidence to strengthen the prosecution case and that perjured evidence was later given in opposition to Shortt’s application.
The Supreme Court upheld the High Court’s assessment of special damages, including losses connected with the Point Inn premises and business. It also upheld a €5,000 award for common law damages relating to the period before Shortt was charged. The final order required the defendants to pay the total sum jointly and severally.