DR James Barry, the Cork doctor at the centre of allegations that he videotaped female patients during medical examinations, made a dramatic appearance before Mr Justice Carney at the High Court in Dublin early this morning.
Earlier yesterday evening counsel for Dr Barry had successfully sought an order from Mr Justice Carney, at the judge's home, alleging that, while being detained by gardai in Cork, the doctor had been denied appropriate access to his solicitor.
Mr Justice Carney granted an injunction under Article 40 of the Constitution, ordering an inquiry into the legality of Dr Barry's detention and that he be produced later last night at the High Court in Dublin.
In fulfilment of the order, Dr Barry, who was released from Garda custody in Cork at 10.30 p.m., travelled by plane to Dublin for the hearing. Gardai involved in the case arrived for the hearing by car.
The High Court hearing began at 12.55 a.m. before Mr Justice Carney. The judge and counsel in court appeared without wigs or gowns.
Dr Barry was represented by Mr Jim O'Driscoll SC and by his solicitor, Mr Denis O'Sullivan.
Mr Diarmuid McGuinness appeared for Supt Tom Waldron, of Anglesea Street Garda Station, Cork.
Mr Justice Carney explained that an application had been made to him at his house at 8.30 p.m. approximately. He was informed that Dr Barry was being detained in Cork following his arrest under Section 4 of the Criminal Justice Act, 1984, and it was indicated that he had something over three consultations with his solicitor. It had then alleged to him, Judge Carney said, that a member of the Garda had said that Dr Barry's access to a solicitor would be terminated unless a complaint made against the Garda was withdrawn.
This, if true, appeared to be a violation of Dr Barry's constitutional rights regarding his access to a solicitor, Judge Carney said. On that basis he had made an order under Article 40 of the Constitution for the hearing to take place.
Mr McGuinness said that, in the copy of the affidavit he had seen, there was no reference to such an allegation. Justice Carney said that this may have been because the affidavit came "in an infirm fashion" from a fax. He also explained the reason the hearing was taking place in the High Court at that hour rather than in his home, was because of the "huge number of people involved".
Mr McGuinness explained that, as allowed for by the provisions of Section 4 of the Criminal Justice Act, Dr Barry had been detained from 10.30 a.m. yesterday until 4.20p.m., and that his detention was extended from then by a further six hours until 10.30 last night, when he was released from custody.
He said that there was no question of conceding that any illegality took place with reference to the detention of Dr Barry. He pointed out that it was agreed by all sides that Dr Barry had been released from detention and that this was agreed also by Dr Barry himself.
It was also agreed that he be brought to Dublin in fulfilment of the order that he be appear before the High Court.
Mr Justice Carney said that his order had been made "within the currency of the detention" and he thought the court might have been informed when Dr Barry had been released.
