A general practitioner who was convicted of the indecent assault of a teenage girl has been struck off the medical register by the High Court.
The Medical Council had applied to the court to have Kevin Mulcahy (64), of Cregane, Lombardstown, Mallow, Co Cork, struck off after a Fitness to Practise Committee found several allegations amounted to professional misconduct.
This included a claim the doctor had exposed himself and kissed a teenage girl in the 1980s.
It was also alleged Mulcahy engaged in sexual intercourse with the girl in 1992 in circumstances where this was inappropriate and on one occasion had allegedly provided the morning after pill after sexual intercourse.
The President of the High Court, Ms Justice Mary Irvine, said she considered the sanctions proportionate, highlighting the finding of “moral turpitude, the age of the complainant, the doctor’s breach of trust, the repeated nature of the wrongdoing and his abuse of his position as a GP”.
The judge added: “In 1989 the complainant was only 15 years of age and therefore on the basis of her age was not in a position to consent to a sexual relationship.”
Further, she was particularly vulnerable as her mother who was attending Mulcahy, was very ill and passed away during that time. It is likely in those circumstances there was a relationship of trust between the complainant and the doctor at the time, said the judge.
Patrick Leonard SC, for the Medical Council, told the court this was one of the most serious cases involving a doctor to come before the courts in the last decade and involved a great breach of trust.
In 2015, Mulcahy was convicted and sentenced for a charge of indecent assault of a teenage patient in her own home. Mulcahy had denied the single charge of indecent assault at Cork Circuit Criminal Court.
The incident occurred on a date in December 1989 at the victim’s home.
The doctor was looking after her mother, who was unwell at the time. The teenager said Mulcahy examined her and then touched her inappropriately outside her clothing.
The GP previously gave an undertaking to the High Court not to engage in the practice of medicine and was restricted, by way of a court order since March 28th, 2011.
Ms Justice Mary Irvine said the complainant, who cannot be named by order of the court, made a complaint about the GP two years ago “relating to alleged childhood sexual abuse alleged to have taken place between 1989 and 1992”.
The judge read out the allegations including that the doctor abused his position of responsibility and trust as a doctor to form a relationship of an emotional and or sexual nature with the complainant.
It was also alleged that Dr Mulcahy had in 1989 touched and rubbed the girl’s vaginal area outside her clothing and carried out an examination of her breasts which was inappropriate by reason of it being sexually motivated.
The Fitness to Practise Committee found the allegations to be proven as fact beyond a reasonable doubt and amounted to professional misconduct. The matters constituted conduct that a doctor of experience, competence and good repute would consider disgraceful and dishonourable.
The Medical Council decided to cancel Dr Mulcahy’s registration and to prohibit him from applying for the restoration of his registration for 10 years.
Having considered the documentation, Ms Justice Irvine said it was evident the Medical Council is extremely concerned about Dr Mulcahy’s conduct, particularly given the breach of trust, abuse of power and the vulnerability of the complainant and the absence of mitigating factors.
She said Dr Mulcahy denied the allegations in their entirety which demonstrated a lack of insight and remorse.