Shortt case gardaí face prosecution and dismissal

GARDAÍ at the centre of the miscarriage of justice involving Donegal nightclub owner Frank Shortt now face dismissal from the force and criminal investigation, it emerged last night.

The news came as Garda Commissioner Pat Byrne moved to suspend a garda and a garda superintendent implicated by Wednesday’s dramatic ruling by the Court of Criminal Appeal. A third member of the force, a detective garda, is already under suspension.

Justice Minister Michael McDowell last night confirmed the action taken by Commissioner Bryne and indicated that he is considering what action will follow.

“The minister, in consultation with the Garda Commissioner, is now considering further issues of a serious nature on which he intends to make a statement in the coming days,” a spokesman for Mr McDowell said.

Commissioner Byrne suspended Supt Kevin Lennon who was found by the Court of Appeal to have consciously and deliberately invented evidence and later concealed this fact. Supt Lennon was at the centre of several investigations in Co Donegal and instituted legal proceedings after being transferred in July 2000 to an administrative post in Dublin.

The other officer who was scathingly cited in the ruling on Wednesday, Det Gda Noel McMahon, is already under suspension. The second officer suspended last night was understood to be Garda Tina Fowley.

Commissioner Byrne and top-ranking gardaí spent all day yesterday studying the 117-page Court of Criminal Appeal ruling on the Shortt case.

“The Commissioner is very concerned about the court findings and whatever action needs to be taken in response to the ruling will be taken,” a garda spokesman said.

It is understood that the fitness of several gardaí implicated in the affair to continue serving with the Garda Síochána is to be examined and so is the likelihood of criminal proceedings. The case has caused huge political fallout with calls by Fine Gael and Labour to overhaul procedures to review allegations of garda misconduct.

The Taoiseach Bertie Ahern yesterday said the miscarriage of justice was regrettable but that the case would be fully examined and those responsible brought to justice.

But he did not think the court ruling had damaged the public’s confidence in the gardaí.