Shine granted bail following conviction

RETIRED consultant surgeon Michael Shine, jailed last month for indecently assaulting two patients in the 1970s, has been granted bail pending an appeal against his conviction and sentence.

Shine (85), of Wellington Road in Dublin, had pleaded not guilty to eight counts of indecently assaulting six patients at Our Lady of Lourdes Hospital and at his private clinic, both in Drogheda, Co Louth, on dates between 1964 and 1991.

A jury at Dublin Circuit Criminal Court found him guilty of indecently assaulting two 15-year-old boys in the 1970s, the trial judge directed a not guilty verdict in respect of one complainant and the jury acquitted him on the remaining counts.

On November 2, he was given consecutive 10 month sentences in respect of each victim totalling 20 months imprisonment. The maximum sentence for the offence at the time was two years.

Shine, whose health was described as “perilous” on a previous occasion, has lodged an appeal against his conviction and sentence.

Granting bail pending his appeal in the three-judge court, Mr Justice Alan Mahon said Shine’s lawyers had drafted 17 grounds of appeal against conviction and sentence, two of which, it was contended, presented a strong possibility of the conviction appeal being successful.

Counsel for Shine, Hugh Hartnett SC, submitted that the trial judge erred in permitting the prosecution to reexamine three complainants in order to adduce evidence that they had settled civil proceedings against the hospital where Shine had worked and that the settlements amounted to €70,000 each.

Shine had no involvement in agreeing the settlements which were made in 2012.

Mr Justice Mahon, who sat with Mr Justice John Edwards and Mr Justice John Hedigan, said the court would grant bail on a number of conditions.

Shine was required to reside at his home address, appear at each court date, sign on once a week at a local garda station, undertake not to apply for a passport, and expeditiously prosecute his appeal.