A 75-year-old Cork doctor facing 237 charges of sexual and indecent assault against 43 female patients has applied to the High Court for orders to prevent his prosecution.
Dr James Barry, Lauriston Lodge, Glanmire, claims there has been gross and inexcusable delay in initiating the prosecutions, a "pattern of abuse of the process and fundamental unfairness amounting to oppression" and a denial of his constitutional rights.
In court yesterday, Mr John White SC, for Dr Barry, told Mr Justice O'Neill that a number of the women who had complained about his client to the authorities had also made complaints to the Medical Council. Some had taken civil actions. In judicial review proceedings, Dr Barry has applied for an order preventing the DPP taking further steps in the prosecution.
In an affidavit, Dr Barry said he was not aware of any reason why offences alleged to have occurred, at the latest several years ago and at the earliest in the 1960s, were not prosecuted.
He said the initiation of the prosecutions in April 1996, which had no basis in evidence, were intended to embarrass, harass and injure him and they did. He also alleged that gardai contrived circumstances of "humiliation, publicity and notoriety" when he was brought before the court on October 30th, 1997.
Garda Supt Thomas J. Waldron, of Anglesea Street Garda station, Cork, said in an affidavit it was inevitable, given the nature of the allegations, that a considerable time would be required to investigate them.
Supt Waldron said that following a search of Dr Barry's home and surgery i a number of videotapes were found showing naked female patients. When the matter became public in 1995, they received over 600 calls from women claiming to have been Dr Barry's patients and over 145 statements were taken from patients alleging various types of sexual and indecent assault.
He rejected Dr Barry's claims that the gardai had caused or contributed to the publicity at the court hearings.
Mr Justice O'Neill yesterday agreed to an application on behalf of the DPP to admit statements from 24 women into evidence. Mr White said he would require time to consider this material.
Mr Justice O'Neill said he had no doubt Dr Barry's legal advisers had been prejudiced in that, when they came to court yesterday, a crucial point of the DPP's case was not opened to the court.
One the claims being made on behalf of Dr Barry is that all the steps taken in his prosecution were not in accordance with law after the abolition of the common law offences of "indecent assault" and "sexual assault" in legislation introduced in 1997. All the charge sheets specified one or other of these charges.
The DPP claims Dr Barry failed to show grounds warranting an order of prohibition. Insofar as the offences with which he is charged have been abolished, the DPP contends it has been provided under 1997 legislation that proceedings in respect of such offences committed before their abolition may be continued.