The jury has started deliberating in the trial of a retired surgeon accused of groping a number of boys in his care.
Michael Shine (86), of Ballsbridge, Dublin, has pleaded not guilty at Dublin Circuit Criminal Court to 13 charges of indecent assault allegedly committed during medical examinations at Our Lady of Lourdes hospital in Drogheda, Co Louth and at two private clinics in Drogheda.
Hugh Hartnett SC, defending, told the jury in his closing speech that each of the complainants made statements to gardaí in 2009 after there had been publicity on television and radio.
Mr Hartnett said that memory can be influenced by things heard more than 40 years after events. He said that each complainant had taken civil actions and that the prospect of getting money can push memory in a particular direction.
He said that one of the complainants gave evidence that he believed “in hindsight” that what occurred was abuse. He said the question then arises as to whether people can be influenced by what they see on television.
Judge Martin Nolan told the jurors that certain submissions had been made to them on the evidence by counsel and that it was up to them whether to heed or disregard these submissions. He told them that they must approach each of the 13 individual charges separately.
Judge Nolan said that a medical expert had given evidence that the actions alleged in the case were medically inappropriate and that they did constitute indecent assault if the jury accepted the evidence of the complainants beyond a reasonable doubt.
He told the jury that people “can be inaccurate about one thing and very accurate about others”.
The jury will resume deliberations on Friday.