A HIGH Court judge yesterday asked the State to explain why his order to have Dr James Barry brought before the court at midnight last March 6th was not immediately obeyed by gardai.
Dr Barry, from Cork, is at the centre of allegations that he videotaped female patients during medical examinations.
Mr Justice Carney said he had anticipated, when he conducted a special sitting of the High Court in his home at 8.30p.m. on March 6th, that once his order was communicated to gardai in Cork, who had detained Dr Barry, the doctor would immediately be driven to Dublin.
The judge said he did not envisage that the detention was going to continue up to its natural expiry time, at 10.30 p.m., and then the doctor would be flown to Dublin.
On March 6th Mr Justice Carney heard an application by Dr Barry's solicitor seeking his release from custody at Anglesea Garda station in Cork.
The judge was told Dr Barry had been detained for questioning by gardai since 10.30 a.m. that day. It was alleged Dr Barry was denied access to his solicitor, Mr Denis O'Sullivan.
The judge had been told Dr Barry had been detained until 4.20 p.m. and that his detention was extended until 10.30 p.m.
Dr Barry was brought to Dublin and appeared at a special sitting of the High Court shortly after midnight when Mr Justice Carney was told the detention order had ended.
Yesterday Dr John White SC, for Dr Barry, said they had put in an affidavit dealing with the precise grounds of the doctor's detention. Late on Monday night the State had given seven affidavits and he had not seen them.
Mr Justice Carney said the only issue before him was the costs of High Court hearings. If there was a conflict he would have to deal with the matter on oral evidence.
Mr Diarmaid McGuinness, for the State, said there was a conflict in relation to some matters. Mr O'Sullivan had made large and wide ranging allegations against the gardai and these were answered in affidavits.
The Garda gave reasonable access to Dr Barry to take legal advice, and in the circumstances it had been Dr Barry's legal adviser who had behaved unreasonably.
Mr Justice Carney fixed Tuesday, May 21st, for the hearing of the costs issue.