A judge yesterday put a stay on the prosecution of a retired GP on over 200 counts of sexual assault on women patients after the European Court of Human Rights ruled that the GP's human rights were violated by the State's delay in proceeding with the case against him.
Judge Seán Ó Donnabháin said he believed the stay was the proper order to make in the case of the DPP vs Dr James Barry, Lauriston Lodge, Glanmire, Co Cork, following legal submissions by both sides at Cork Circuit Criminal Court.
Dr Barry (80) has been facing 212 charges arising out of complaints by 38 women who allege that he indecently or sexually assaulted them at his practice at Sidney Place, Wellington Road, Cork, between 1966 and 1995.
The charges were made after a lengthy investigation by gardaí following a complaint by a woman patient of Dr Barry in May 1995, alleging that Dr Barry had made video recordings of her nude or semi-naked on a number of occasions.
Last December, the European Court of Human Rights delivered a lengthy judgment, ruling that Dr Barry's human rights had been violated under Article 6.1 of the European Convention on Human Rights by the delay in the State's prosecution of the case.
Yesterday at Cork Circuit Criminal Court, Judge Ó Donnabháin said: "It is my view that I should grant an injunction prohibiting the listing of this trial until a further order of this court or appeal by the State in the case of Barry vs Ireland.
"It appears to me that there is a finding of the Court of Human Rights that the time taken in the present case is not reasonable and that there is a finding that the delay is a violation under Section 6.1 of the Convention of Human Rights of his [ Dr Barry's] rights."
Judge Ó Donnabháin said: "In those circumstances I find it hard to imagine how a trial could be allowed to go to a jury when you would have to tell a jury, you may decide the facts of the case but there is a finding from the Court of Human Rights that a fundamental human rights breach has occurred."
He said: "I am not directing that the case be listed save for and except there is a further order by this court or an appeal of the outcome". He believed "the proper order is to grant a stay".
Asked by counsel for the State, John Edwards SC, if he was putting "a permanent stay" on the case being listed for hearing, Judge Ó Donnabháin said that "it was in the nature of a stay".
The time for an appeal against the European Court of Human Rights judgment extends until March 15th but yesterday evening the DPP declined to comment on the case.
The DPP's office referred the matter to the Department of Foreign Affairs, which represented Ireland in the case.
A spokeswoman for the Department of Foreign Affairs was unable to say yesterday evening whether an appeal would be lodged as department officials would have to consider yesterday's ruling.