Letter sent to Minister of Justice Requesting Meeting with Victims of Michael Shine

19th August 2024

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
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, legacy litigation and high-value civil claims. He acts for individuals, families and large groups of victims in cases involving state accountability, collusion, institutional abuse and serious human rights breaches, across Northern Ireland, the Republic of Ireland and Great Britain.

Legacy Civil Actions

Diarmuid acts in a large number of Troubles-related civil actions against the Police Service of Northern Ireland (PSNI) and the Ministry of Defence (MOD), including the cohort of Glenanne Gang cases currently before the High Court in Belfast. His work includes:

  • Reavey v Chief Constable of the PSNI and the Ministry of Defence - acting for Eugene Reavey, whose brothers John Martin, Brian and Anthony Reavey were murdered by the Glenanne Gang on 4 January 1976. In June 2026 the PSNI and MOD paid a combined £400,000 in damages, and the Chief Constable issued an apology in open court.
  • The Farmer Family Civil Action - acting for the family of GAA supporter Sean Farmer, murdered by the Glenanne Gang. In October 2026 the PSNI agreed to pay damages and issue an apology to the family. The family’s claim against the MOD continues.
  • Misfeasance and collusion claims - claims involving misfeasance in public office, negligence, collusion and systemic investigative failures, including extensive work on disclosure, expert evidence and trial preparation.

Public Law and Human Rights Litigation

Diarmuid has been involved in significant public law litigation, with a particular focus on Article 2 ECHR-compliant investigations and state accountability. His experience includes:

  • Re McGuigan and McKenna [2021] UKSC 33 - the “Hooded Men” case, a landmark Supreme Court case concerning the use of torture and the State’s obligation to conduct effective investigations into serious human rights violations.
  • Re Barnard [2022] NICA - the “Glenanne Series” case, 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.
  • Re Mac Cionnaith’s Application and Re Hynes’ Application [2026] NIKB 59 - part of the Phoenix Law team acting for the Garvaghy Road Residents’ Coalition in the Drumcree parade litigation before the High Court and Court of Appeal, in which the High Court upheld the Secretary of State’s prohibition of the parade along the Garvaghy Road.
  • Free the Night and Holly Lester - a 2026 judicial review of the Minister for Communities’ response to Northern Ireland’s independent licensing review.
  • Re Blair - a successful 2024 judicial review in which the High Court found that the Northern Ireland Prison Service acted unlawfully and in breach of Article 8 ECHR in refusing a prisoner temporary release for his 40th wedding anniversary.
  • Housing Executive appeal - a successful appeal of a Northern Ireland Housing Executive decision, securing emergency rehousing for a mother and her children who had been threatened by paramilitaries.

Troubles Permanent Disablement Payments

Diarmuid has a long-running practice in applications, appeals and challenges before the Victims’ Payments Board. In 2026 he secured a successful review for a victim of a paramilitary-style shooting whose application had been refused, applying the High Court’s judgment in Re McCabe’s Application [2026] NIKB 24 on the treatment of paramilitary-style attacks under the Scheme. He also advises on judicial review of Victims’ Payments Board decisions.

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 Inquests - part of the legal team representing families of the 48 victims of the 1981 Stardust fire (Dublin, 2023-2024). The inquests returned unlawful killing verdicts in respect of all 48 victims, followed by a State apology from the Taoiseach. Diarmuid was then part of the Phoenix Law team that negotiated a €24 million State compensation scheme on behalf of 47 of the 48 families.
  • The Michael Shine Commission of Investigation - acting alongside Dignity4Patients for hundreds of survivors of the former consultant surgeon at Our Lady of Lourdes Hospital, Drogheda. Diarmuid campaigned for a Commission of Investigation from 2023, through the scoping exercise led by Lorcan Staines SC, to the Government’s acceptance of the scoping report’s recommendations in full in July 2026. Phoenix Law now represents survivors as the Commission of Investigation is established.
  • The South-East Commission of Investigation (Bill Kenneally) - acting for survivors of Bill Kenneally throughout the Commission into the response of State bodies to abuse in Waterford. Following publication of the report of Mr Justice Michael White, the Taoiseach delivered a formal State apology to survivors in Dáil Éireann in July 2026.
  • The Ballymurphy Inquest - involvement in the 2021 proceedings which found that ten civilians killed during the introduction of internment in 1971 were entirely innocent and that their deaths were unjustified.
  • Inquests in Northern Ireland - multiple legacy and non-legacy inquests, including contentious pre-inquest review hearings involving disclosure disputes, police conduct and Article 2 compliance.

Civil Litigation and Group Actions

Alongside his public law and inquest practice, Diarmuid acts in complex civil and commercial litigation across multiple jurisdictions. His experience includes:

  • The FBA Brand Builder Group Action - acting for a large group of claimants against Darren Campbell and the FBA Brand Builder programme, which is alleged to have misled participants and caused them significant financial losses.
  • Defamation - acting for Mick Finnegan in defamation proceedings against Irish media outlets, alongside other reputation management matters.
  • Assault and human rights claims - civil claims arising from assaults, human rights breaches and systemic failures, engaging both domestic law and the European Convention on Human Rights.
  • Cross-border litigation - proceedings in Northern Ireland, the Republic of Ireland and England and Wales, including matters with parallel criminal and civil elements.

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

Media

Diarmuid regularly comments in the media on behalf of clients, and appeared on the Activist Lawyer Podcast (Episode 121, “Seeking Justice”) to discuss his work for victims of historical abuse.

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.

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