Drogheda-based doctor struck off for misconduct

The High Court has confirmed the removal from the medical register of a former consultant surgeon at Our Lady of Lourdes hospital…

The High Court has confirmed the removal from the medical register of a former consultant surgeon at Our Lady of Lourdes hospital in Drogheda, Co Louth for professional misconduct.

In October 2003, Michael Shine (77) was acquitted on charges of indecent and sexual assault relating to six men when they were teenagers.

However, the Medical Council's Fitness to Practice (FPC) subsequently sought to hold an inquiry into his fitness to practice as a doctor. Mr Shine challenged the proposed inquiry in the High Court.

The complaints of indecent assault against the former doctor were made by a number of males aged between 10 and 20 years arising from events which allegedly occurred while they were being examined at Mr Shine's consulting rooms in Drogheda and at Our Lady of Lourdes Hospital, Drogheda.

The alleged events mainly took place during the early 1970s, early 1980s and 1990s and most of the complainants are now aged in their late thirties and early forties.

In 2006, the High Court ruled the FtPC inquiry should not proceed in relation to nine former patients given the principle of "double jeopardy" as Mr Shine had already been tried by a court and could not therefore be tried again. However, the court said the inquiry could go ahead in relation to five other patients.

The Medical Council appealed that decision to the Supreme Court which last July cleared the way for the inquiry to take place in relation to all 14 patients.

The Supreme Court said this case did not permit the application of the principle of "'double jeopardy" as it did not involve one criminal trial being followed by another.

The inquiry proceeded and today the High Court heard it had recommended that Mr Shine's name be erased from the Medical Register.

In a brief hearing today, JP McDowell, solicitor for the Medical Council, asked High Court president Mr Justice Richard Johnson to confirm the FPC decision as there had been no appeal by Mr Shine.

As the 21 day period within which an appeal must be lodged had elapsed, the judge said he would make the order sought that Mr Shine's name be erased. 

A number of Mr Shine's former patients were in court this morning to hear Mr Justice Johnson approve the Medical Council decision.