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.” 

Solicitor

Diarmuid Brecknell

Diarmuid Brecknell is a Solicitor in the Public Law, Inquests and Inquiries Department at Phoenix Law, Belfast, a leading human rights and litigation firm specialising in complex actions against public authorities. He completed his LLB at Ulster University and graduated from the Institute of Professional Legal Studies at Queen’s University Belfast in 2025.

Diarmuid specialises in public law, inquests, public inquiries, and high-value civil litigation. He acts for individuals, families, and large groups of victims in cases involving state accountability, legacy investigations, institutional abuse, and serious human rights breaches. He is regularly instructed in some of the most high-profile and legally significant cases in Northern Ireland and across the UK and Ireland.

Public Law, Legacy and Human Rights Litigation

Diarmuid has been centrally involved in complex and often contentious litigation arising from the legacy of the conflict in Northern Ireland, with a particular focus on Article 2 ECHR-compliant investigations and state accountability.

His experience includes work on:

• Re McGuigan & McKenna [2021] UKSC 33 (the “Hooded Men” case) – a landmark Supreme Court case concerning the use of torture and the obligation on the state to conduct effective investigations into serious human rights violations.
• Re Barnard [2022] NICA (the “Glenanne Series”) – a pivotal Court of Appeal decision which led to the establishment of Operation Denton, an independent investigation into over 120 murders linked to alleged collusion between loyalist paramilitaries and state agents.
• Ongoing litigation arising out of the Glenanne Gang cases, including civil claims against the Police Service of Northern Ireland (PSNI) and the Ministry of Defence (MOD).
• Judicial review proceedings challenging failures by public authorities in respect of investigations, disclosure, and decision-making processes.
• Claims involving misfeasance in public office, systemic investigative failures, and breaches of Convention rights.

He is also instructed in ongoing proceedings relating to historic investigative failures, including cases concerning the adequacy of police investigations, disclosure obligations, and compliance with Article 2 procedural duties.

Inquests and Public Inquiries

Diarmuid has significant experience in large-scale, complex inquests and public inquiries, often acting for families who have campaigned for decades for truth and accountability.

His work includes:

• The Stardust Fire Inquest (Dublin, 2023–2024) – acting as part of the legal team representing families of the 48 victims. The inquest returned unlawful killing verdicts in respect of all 48 victims, overturning over 40 years of injustice and representing one of the most significant inquest outcomes in Irish legal history.
• The Ballymurphy Inquest (2021) – involvement in proceedings which found that ten civilians killed during the introduction of internment in 1971 were entirely innocent and that their deaths were unjustified and unlawful.
• The Michael Shine Institutional Abuse Case – currently instructed on behalf of over 380 victims in one of the largest institutional abuse scandals in the history of the State. Diarmuid has been closely involved in progressing the case from early investigative stages through to the current government-led scoping exercise for a statutory public inquiry.
• The Hickson Public Inquiry (Waterford) – work in relation to allegations of historic child sexual abuse and institutional failures in Waterford from the 1980-1990s. Diarmuid has been involved from the beginning of this inquiry through to now, where the report is about to be handed down.
• Multiple legacy inquests in Northern Ireland, including contentious pre-inquest review hearings involving disclosure disputes, police conduct, and Article 2 compliance.

He has experience working within large legal teams in inquiry settings, coordinating disclosure, engaging with expert evidence, and contributing to strategic litigation approaches in cases of significant public importance.

Civil Litigation and Group Actions

Alongside his public law and inquest practice, Diarmuid acts in complex, high-value civil and commercial litigation across multiple jurisdictions.

His experience includes:

• Acting in group litigation involving large cohorts of claimants, including actions against public authorities and private entities. Diarmuid acts for over 50 claimaints in a group action against a NI business, accused of running a Ponzi-style scheme.
• Civil claims arising from assaults, human rights breaches, and systemic failures, including cases engaging both domestic law and the European Convention on Human Rights.
• Cross-border litigation involving proceedings in Northern Ireland, the Republic of Ireland, and international jurisdictions, including matters with parallel criminal and civil elements
• Pre-action and strategic litigation designed to secure accountability, early settlement, or policy change.
• Diarmuid acts in a large amount of troubles related civil actions to include the cohort of Glenanne Gang cases, current in front of the High Court.

He has played a key role in securing substantial settlements on behalf of victims and survivors in claims against state bodies including the PSNI and MOD, as well as private organisations.

International and Strategic Litigation

Diarmuid’s work frequently engages international human rights principles and cross-border legal issues. He has been involved in:

• Strategic litigation engaging the European Convention on Human Rights, particularly Articles 2 and 3.
• Cases involving state accountability for serious human rights violations, including torture and inhuman or degrading treatment.
• Pre-action correspondence and potential litigation against UK Government departments, including Judicial Review against decisions from the Victims Payment Scheme.
• Complex evidential and procedural issues in cases involving international dimensions, including jurisdictional challenges and cross-border enforcement.

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.