Letter sent to Minister of Justice Requesting Meeting with Victims of Michael Shine

Phoenix Law, instructed by several of the victims,  have formally written to the Minister of Justice seeking a Commission of Investigation to be opened into the actions of Michael Shine.

Michael Shine is one of the most notorious convicted pedophiles in Irish history and to date has only served 3 years in jail. He was a consultant surgeon in Our Lady of Lourdes Hospital in Drogheda, Co. Louth from 1964 to his retirement in 1995. Within these years he abused over 300 patients. 200 have received civil settlements with only 7 getting their day in court to see Shine convicted of the abuse he perpetrated on them.

The reports of abuse to Our Lady of Lourdes hospital began in 1964 with allegations of abuse on a 16 year old boy. This were no records or action taken by the hospital. This turned out to be a regular occurrence. There were 2 further complaints made with no action taken or written records taken. Even in 2003 when a victim took a complaint to the An Garda Siochana, they were told there isn’t enough evidence and they should write a letter of apology to Shine for bringing the allegation.

It is widely recognised, particularly in Drogheda, that the abuse was an open secret. Regrettably, this situation was obscured and covered up by the very public bodies entrusted with the care of young people in the region.

In circumstances such as these, it is imperative that there is a full, transparent and thorough investigation to which can make the necessary recommendations to ensure such systemic failings do not recur.

Not only is there a positive obligation on the state to investigate in circumstances such as these, but there is a positive obligation to learn lessons and ensure steps are taken to ensure that such failings are not repeated nor endorsed by the state. It is difficult to comprehend a situation more serious whereby upwards of 200 victims have been abused at the hands of a medical professional, with limited recourse to criminal prosecutions and sanctions, and instead steps actively taken to protect and cover up his activities which ultimately had the tragic consequence of many victims not seeing justice, via the criminal process.

Having been instructed in the Southeastern Commission of Investigation into the actions of Bill Kenneally, we at Phoenix Law have witnessed at first hand the benefit to victims they can prove to be. To finally get answers to questions and to be proven right and believed for the first time, is vital to victims healing.

Due to the involvement, or lack thereof, of several public bodies; a commission of investigation is the appropriate legal mechanism to now properly look into the actions of Michael Shine and how they were allowed to occur over such a long period of time. Commissions of Investigations are in place for a reason, to learn from the past and ensure it does not happen again. This matter has never been properly dealt with and we, as a society, have not learned from these failings. It is time for the government to face these failures and ensure that it never happens again.

Our Diarmuid Brecknell is instructed by several victims;

“The victims are seeking a Commission of Investigation into, not just the actions of Michael Shine, but the failings of the public authorities and how that was allowed to go on, for such a period of time as it was.

“A Commission of Investigation allows society to learn from those failings. It isn’t about reinvestigating, re-prosecuting. It’s about learning how it was allowed to happen, the failings that allowed it to happen and learning from that to make sure that it doesn’t happen again.

“For these victims to finally be heard, for these victims to finally know that they were wronged, will help their healing process and will help the healing process of society.

“You can’t move forward. You can’t start properly dealing with trauma until you know the full truth and these patients perhaps don’t know the full truth of how they were wronged.” 

Trainee Solicitor

Diarmuid Brecknell

Diarmuid is a Trainee Solicitor in the Public Law, Inquests and Inquiries Department.  Having completed his LLB Degree at Ulster University, Diarmuid has specialised in both inquests and actions against public authorities. He is instructed in some of the most high-profile inquests in the jurisdiction.  Diarmuid continues to act in several high value civil actions for damages as a result of acts by public and private authorities.   

Diarmuid has assisted in some of the most contentious and complex challenges to public authorities coming before the Courts in recent times.  Such experience includes the recent Supreme Court case of Re McGuigan & McKenna (‘The Hooded Men’), and the Court of Appeal decision in Re Barnard (‘The Glenanne Series’) which resulted in the Court ordering a fresh investigation into the murder of over 120 deaths.   

Diarmuid’s extensive inquest and inquiry experience includes appearing in the high-profile Stardust Fire Inquest in Dublin, the Ballymurphy Inquest, and the Hickson Public Inquiry into historic child abuse.   

Diarmuid continues to act in several high value civil actions for damages as a result of acts by public and private authorities.   

Email:diarmuid@phoenix-law.org

ENDS

EXPLAINER – Commission of Investigation

A Commission of Investigation in Ireland is a formal, independent body established by the government to investigate specific matters of significant public concern. These commissions are typically set up when there are issues of considerable complexity or sensitivity, where it is deemed necessary to have a thorough and impartial inquiry. Here’s how they work:

Purpose

Investigative Role: The primary role of a Commission of Investigation is to investigate matters of significant public concern that may require detailed examination. These could include issues related to governance, public safety, historical abuses, or failures in public services.

Fact-Finding: The commission is tasked with uncovering facts and gathering evidence. It does not determine legal guilt or innocence but provides a factual basis that may inform future actions or reforms.

Establishment

Legal Framework: Commissions of Investigation are established under the Commissions of Investigation Act 2004. This legislation provides the framework for their operations, including powers, procedures, and obligations.

Terms of Reference: The government defines the scope of the investigation by setting out the Terms of Reference. This document outlines the specific issues to be investigated, the period under investigation, and any particular focus areas.

Powers and Procedures

Compellability: The commission has the power to compel witnesses to testify and to produce documents. This means it can require individuals and organisations to provide evidence under oath.

Confidentiality: Unlike public inquiries, much of the work of a Commission of Investigation is conducted in private. This is designed to encourage candid testimony and protect sensitive information.

Interim Reports: The commission may issue interim reports as it progresses, but its final report is the most significant outcome. These reports are typically made public, though some parts may be redacted to protect privacy or ongoing legal proceedings.

Reporting and Outcomes

Final Report: After completing its investigation, the commission submits a final report to the government. This report includes findings of fact, conclusions, and often recommendations for changes in policy, practice, or legislation.

Government Action: The government decides how to respond to the commission’s findings. This may involve implementing recommendations, taking disciplinary action, or initiating further inquiries or criminal investigations.

Examples

Some notable Commissions of Investigation in Ireland include:

The Commission to Inquire into Child Abuse (Ryan Commission): Investigated abuse of children in Irish institutions.

The Commission of Investigation into Mother and Baby Homes: Examined the treatment of women and children in these institutions.

Importance

Commissions of Investigation play a crucial role in addressing issues that have deeply impacted Irish society. They provide a mechanism for accountability, transparency, and reform, ensuring that the state addresses serious concerns in a thorough and structured manner.