THE SUPREME Court has reserved judgment on an appeal by the Medical Council against a High Court decision restraining it from inquiring into allegations of professional misconduct by consultant surgeon Michael Shine over his treatment of a number of former patients.
In the High Court in December 2006, the late Mr Justice Diarmuid O’Donovan cleared the way for the council’s fitness to practise committee to inquire into Dr Shine’s treatment of nine former patients.
However, he restrained the committee from inquiring into complaints made by several other patients.
Dr Shine was acquitted in 2003 of a number of charges against him.
In its appeal, the Medical Council is challenging the High Court decision that Dr Shine would be exposed to double jeopardy if its committee was permitted to inquire into complaints by five former male patients against him.
Dr Shine is opposing the appeal.
Eoin McCullough SC, for the Medical Council, told the five-judge court that the High Court’s finding in relation to double jeopardy was arrived at, although that issue was not argued before the court and leave to make an argument on that basis had not been granted.
The court, with Ms Justice Susan Denham presiding, reserved judgment on the appeal.
In his High Court action, Dr Shine sought to restrain an inquiry into complaints of indecent assault by a number of males aged between 10 and 20 years arising from events which allegedly occurred while they were being examined at Dr 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 30s and early 40s.