IN the High Court yesterday, gardai rejected allegations that a solicitor acting for Dr James Barry was denied access to him while he was detained in a Cork Garda station.
Mr Justice Carney concluded an inquiry to discover if the doctor's solicitor, Mr Denis O'Sullivan, was told on March 6th he could only see his client in the Bridewell Garda station if complaints against the gardai were withdrawn.
The solicitor was acting for Dr Barry, who was at the centre of allegations that he videotaped female patients during medical examinations.
On the night of March 6th, an application was made to the judge in Dublin to seek Dr Barry's release. Dr Barry was brought to Dublin and a court sitting after midnight was told the detention was ended.
The judge had been told Dr Barry had been detained from 10.30 a.m. until 4.20 p.m. and that his detention was extended by a further six hours, until 10.30 p.m.
On April 23rd, Mr Justice Carney asked the State to explain why his order on March 6th was not obeyed immediately.
The hearing which concluded yesterday was in relation to what orders for costs should be made. The judge awarded costs of the early morning hearing on March 7th to the State. He made no order in relation to costs of the hearing which concluded yesterday.
Supt Thomas Waldron said he did not take any steps to stop the interview with Dr Barry because the High Court order did not direct him to do that. He understood, however, that the interview ended before 10 p.m. He had not been involved in the interrogation.
He also told the court he was not in the position of ordering a police car to immediately take Dr Barry to Dublin that night. He was particularly concerned that insufficient time had been allowed for Dr Barry to travel by car.
In his judgment, Mr Justice Carney said had he known of the "game plan" instituted on the instructions of Dr Barry by his solicitor to frustrate the statutory right of gardai to question his client, he did not think he would have made the primary order in relation to the doctor's detention.
He said the solicitor had a right to reasonable access to his client but he did not have the right to be present for the entire period of questioning.