A book of evidence was served yesterday on an elderly Cork doctor who faces more than 200 charges of sexual assault against 38 of his former female patients in a period dating from 1966 to 1995.
The charges relate to allegations that the defendant, Dr James Barry, of Lauriston Lodge, Glanmire, Co Cork, photographed some of his female patients in various states of undress while attending them in his professional capacity as a GP. The complainants allege that these images were taken without their knowledge or permission.
Insp Michael Comyns served Dr Barry with the book of evidence at Cork District Court yesterday.
Insp Patrick McCarthy then made an application to Judge Con O'Leary to return the case for trial in the next sessions of Cork Circuit Criminal Court on January 31st.
However, Dr Barry's solicitor, Mr David O'Mahony, asked for an adjournment of the case as he said the book of evidence was weighty and complicated.
Judge O'Leary told the court he had no discretion on sending an accused forward for trial once the documents were served.
This prompted a discussion about whether the book of evidence was served under old or new legal procedures, with Judge O'Leary giving Dr Barry's solicitor a copy of a Supreme Court decision in the matter to consider.
Judge O'Leary adjourned the case until next Wednesday to allow Mr O'Mahony to consider the implications of a recent Supreme Court ruling on procedure.
Dr Barry was originally charged with the offences in 1995 but the prosecution was delayed when he brought judicial review proceedings to the High Court and to the Supreme Court, both of which refused to grant an order preventing the trial from going ahead. In February 2004 the Supreme Court awarded costs against him.