A Cork doctor has brought a High Court challenge to a decision by the Medical Council that his name should be erased from the medical register after he was found guilty of 44 counts of professional misconduct in relation to eight female patients.
The central findings against Dr James Barry (81) were that he had conducted inappropriate examinations of female patients, the court heard. Dr Barry had also, unknown to some patients, made improper videos of them while he was examining them, it was found. Videos of two women patients in various state of undress were shown to the court yesterday.
In proceedings before Mr Justice Peter Charleton, Dr Barry, of Lauriston Lodge, Glanmire, Cork, is seeking to overturn a decision of the Medical Council of September 12th, 2006 upholding a recommendation of its Fitness to Practise Committee to strike his name from the register on grounds of findings of professional misconduct.
Dr Barry contends he was denied fair procedures by the council and its committee. He is representing himself in the case which is expected to last several days.
Dr Barry sought legal aid but was told by the judge that he had no power to grant legal aid in such proceedings but only the power to award costs at the end of the case to either side.
Yesterday, Eoin McCullough SC, for the Medical Council, said the allegations against Dr Barry were made from 1995 to 1999. Of the eight cases dealt with by the Fitness to Practise Committee, the central allegation was that Dr Barry had undertaken inappropriate and improper examinations of his patients.
The committee found that in the case of one patient, Ms C, Dr Barry had made sexual advances towards her, pursued a personal relationship of an emotional nature and/or sexual relationship with her, made indecent suggestions to her and had made improper photographic recordings of her.
The committee also found that Dr Barry had indecently assaulted and made improper photographic recordings of a second woman and had carried out improper treatments of a third patient. It further found he had carried out improper medical examinations of five other women. The allegations concerned women being asked by Dr Barry to remove all their clothes when it was not reasonable to do so, Mr McCullough said. There were also allegations of unnecessary internal examinations on repeated occasions, indecent assault and improper videos taken of the women while receiving ultraviolet treatment. These videos were taken of the women without their knowledge.
Insp Charles Barry, Mayfield Garda station, Cork, said he got a warrant in June 1995 to search Dr Barry's home.
In Dr Barry's then home at Model Farm Road, Insp Barry said he found a floor safe which contained videos. There were also two video machines in a back room connected to each other to transfer material from one to the other. He also found a pornographic tape that Dr Barry had participated in.
Insp Barry said Dr Barry had said he knew the woman in that video and had made a pornographic video with her but he didn't sell such videos. He declined to make a formal statement.
Dr Barry said he could assure the court he had never sold pornographic videos.
In evidence Ms E, a former patient of Dr Barry, said she had been subject to internal examinations despite the fact she went to him suffering with sinus problems. She was also one of the women videoed by Dr Barry whom she had begun to attend from a young age as he was the family doctor.
Each time Dr Barry treated her, he would come into the room, instruct her to remove all her clothing, and then leave again.