A total of 237 charges of sexual and indecent assault were preferred by gardaí against a Cork doctor. But there was no positive medical evidence available to the State to support such charges, his counsel has claimed in the High Court.
Mr John White SC, for Dr James Barry (76), Glanmire, Co Cork, said Dr Barry was alleging oppression by virtue of the charges being preferred against him in October 1997 without reasonable or probable cause. At the time, it was acknowledged medical advice had been received, but at no stage did the gardaí acknowledge that they had received positive medical evidence, Mr White argued.
Dr Barry is seeking court orders to stop the Director of Public Prosecutions from taking any further steps to prosecute him on the 237 charges, involving 43 female patients. He alleges there has been gross and inexcusable delay in initiating the prosecutions against him. The DPP has denied the claims.
Yesterday, Mr White said he was also inviting the court to conclude there had been, on the evidence available, an unreasonable delay in charging his client considering the first complaint had been made 15 months previously. Because his client was an old man, time was of importance in this case. Gardaí also had a medical report describing Dr Barry's health as frail, Mr White added.