The jury in the trial of former hospital consultant Dr Michael Shine has been told that compensation is a significant factor in the case, and whatever it decides in relation to the criminal trial, the accused will spend the balance of his life dealing with compensation.
The remarks were made by Mr Felix McEnroy, defending, in his closing speech at the trial, now in its fourth week. Dr Shine (72) is charged with 10 counts of indecent assault on five males between 1974 and 1982.
A further allegation relating to a sixth complainant was withdrawn after an application in the absence of the jury yesterday morning.
Mr McEnroy said there was no doubt that compensation was a factor in the case, and there are some significant claims for damages made against Dr Shine, including one by Mr B and by his wife.
He said Dr Shine would never get his job back, and "is waiting for judgment on the sum total of his life". He said the evidence did not add up to proof to beyond a reasonable doubt, and that Dr Shine should be acquitted.
Mr McEnroy denied that the defence and its medical witnesses were out to mislead the jury. He said the doctors and nurses had given valuable evidence of what the clinical position was in the Lourdes hospital at the time.
Instead, he said, the prosecution wanted the jury to believe that Dr Shine had the time, secrecy and ability to masturbate five people at his pleasure in the busy environment described by those witnesses.
In his closing speech, Mr John O'Kelly, prosecuting, said evidence from the defence about complex medical procedures, general examinations, compensation and collusion were diversionary tactics or part of a smokescreen, and the real issue was the evidence given by the complainants and by Dr Shine. Judge Michael O'Shea is expected to begin his address to the jury this morning.