Retired doctor to face 212 indecent assault charges

Dr James Barry at Cork District Court where he was charged with 212 charges of sexual assault and indecent assault. Picture: Ted McCarthy, Provision

Thursday December 23rd 2004

AN ELDERLY doctor will face trial next year on 212 charges of indecent assault against 38 of his former female patients.

The charges relate to allegations that the defendant photographed some his female patients in various states of undress while attending him in his professional capacity.

The complainants allege that these images were taken without their knowledge or permission.

Cork District Court yesterday rejected complaints from James Barry (79) of undue delay in the prosecution against him - and he will now face trial in the Circuit Criminal Court next year.

Dr Barry - a long-serving GP - was formally remanded on bail yesterday to appear before the district court on January 19 for service of the book of evidence in the case against him.

He was originally charged in relation to the complaints back in 1995, but a prosecution was delayed because he initiated judicial review proceedings first in the High Court and then in the Supreme Court.

However, he lost both challenges - and in February this year, the Supreme Court awarded costs against him. Now, the Director of Public Prosecutions has directed that the original complaints against Dr Barry - of Lauriston Lodge, Glanmire, Cork - be proceeded with. Yesterday, counsel for Dr Barry complained it had effectively taken the State 12 months to proceed with the prosecution after the end of the Supreme Court hearing in December 2003.

However, the State explained that, after the substantial delay due to Dr Barry's High Court and Supreme Court challenges, the DPP decided that all the original complainants had to be contacted individually and asked if they were still prepared to proceed with their statements. Inspector Michael Cummins told the District Court yesterday that gardai subsequently contacted the 42 women who initially made complaints against Dr Barry.

"This took a number of months. Some had left addresses and others were out of the country. That was what accounted for the delay," Inspector Cummins explained. He also pointed out that the last of the interviews with the women involved was only conducted in October.

Judge O'Leary ruled that the DPP's directions were "proper and correct" given the time delay involved.

He also said it was "very reasonable", given the delays for the DPP to seek to determine if some of those who originally lodged complaints now wanted to review their positions.

Four of those women now do not wish to renew their complaints - although 38 have indicated they wish their statements to stand.

Yesterday, the State applied for 25 of the original 237 charges to be struck out and four of the charges to be amended. Dr Barry, who ran a very successful GP practice from Sydney Place, Wellington Road in Cork city centre before retiring in 1995, will now face 212 charges of alleged indecent assault relating to a 29-year period 1966-95.

Ralph Riegel

? Irish Independent
http://www.unison.ie/irish_independent/ & http://www.unison.ie/