A CASE in which a doctor is accused of secretly filming a female patient has been adjourned to allow his defence to find an expert to assess his mental health.
Dr Deva Devendra (37), Balrothery Field, Balbriggan, Co Dublin, appeared before District Court judge David Anderson in Dublin yesterday.
He was due to be sentenced after pleading guilty to harassment at Balbriggan District Court last month. At a court appearance last week he asked to change his plea to not guilty. Yesterday, Fergal Kavanagh SC said there were factors which had led the defendant to previously enter a guilty plea, including a “mistaken belief” that to do so would mean he could avoid publicity.
Dr Devendra is accused of secretly filming a patient using the toilet at the Balbriggan Medical Centre on February 16th, 2010.
The court was told of a “unique set of circumstances” which had occurred prior to the defendant’s appearance in court last month.
Mr Kavanagh said his client had not fully understood the advice he was given by his original solicitor because of the state of his mental health at the time. He had been on anti-depressants which had affected his cognitive abilities and he was “vulnerable”. As a result, his solicitors had mainly dealt with his wife. That solicitor was injured in an accident and a colleague who was not as familiar with the case represented him at his court hearing in April. There was “no suggestion” he had received “inadequate representation” from his original solicitors.
Judge Anderson said if the defence wished to proceed with its claim he was medically unwell at the time he submitted his plea it must offer evidence of this. He adjourned the case to July 15th to allow it obtain a medical expert to discuss his mental health.
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