The Court of Appeal granted Michael Shine bail pending the hearing and conclusion of his appeals against conviction and sentence. It found a strong chance of success on one ground of the conviction appeal, but made no final decision on that ground or the appeals themselves.
Shine had been convicted on three counts of indecent assault, following a trial concerning eight offences and six complainants. One count was withdrawn from the jury, and the jury acquitted him on four of the remaining counts. He was sentenced to two consecutive 10-month prison terms, totalling 20 months, on 1 December 2017. His conviction was recorded on 2 November 2017.
The court identified a strong chance of success on Shine’s argument that the trial judge should not have allowed evidence about civil settlements by some complainants against Our Lady of Lourdes Hospital. The settlements, made in 2012, were €70,000 each and without admission of liability. The court noted Shine had no involvement in agreeing the amounts or deciding to settle. At trial, the evidence was admitted to address a suggestion that the complainants were financially motivated to testify. The Court of Appeal said the appeal would have to be fully heard before its ultimate success could be determined.
A second conviction appeal ground concerned the jury’s consideration of “system evidence” across the complainants’ allegations. The Court of Appeal said it could not assess that ground’s strength without trial transcripts, and did not need to do so to decide the bail application.
The court also said it was strongly arguable that the 20-month sentence was unduly harsh, given the offences’ then-applicable maximum sentences, Shine’s age and poor health. It left that issue for a full appeal hearing. The court said the conviction appeal was likely to be lengthy and might not be heard until well into 2018; a sentence appeal could follow later that year. It considered that Shine might serve the sentence, with normal remission, before those hearings were completed.
In granting bail, the court required a €1,000 personal bond, residence at 25 Wellington House, 85 Wellington Road, Dublin 4, no travel outside the jurisdiction, no application for a passport, and weekly sign-on at Donnybrook Garda station. It allowed for illness to excuse signing on if a satisfactory medical certificate was provided to the station. Shine was also required to expedite his appeals. The judgment did not determine the appeals, and bail remained subject to these conditions.