AN INQUIRY began in the High Court yesterday into whether solicitor acting for Dr Jam Barry was told at a Cork Garda station that access to his client was conditional on complaints against gardai being withdrawn.
The solicitor, Mr Denis O'Sullivan, was acting for Dr Barry who was at the centre of allegations that he videotaped female patients.
The doctor was being detained for questioning at a Cork Garda station on March 6th last. That night, an application was made to High Court judge in Dublin his release. Dr Barry was to Dublin and at a court after midnight, the judge told the detention had 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 until 10.30 pm.
On April 23rd last, Mr Justice Carney asked the State to explain why his order was not immediately obeyed on March 6th last. The judge stated then that he anticipated that once his order was communicated to the gardai in Cork the doctor would immediately be brought to Dublin to appear before him.
Yesterday, Mr Justice Carney said when the application was made to him it was alleged that Dr Barry's solicitor was told he would not have access to his client unless a complaint or complaints made against gardai were withdrawn.
In evidence, Mr O'Sullivan said that on March 2nd last he accompanied Dr Barry to Anglesea Garda Station. Dr Barry asked what complaints gardai had against him as a result of a recent media campaign.
Mr O'Sullivan said he asked a superintendent what charges were pending against Dr Barry and he was told there was none. The superintendent said there were numerous allegations and he wished to interview Dr Barry.
The superintendent asked questions in relation to an alleged complaint. Dr Barry's response was that he had been advised by counsel not to answer any questions. The superintendent proceeded to go through a number of complaints. The superintendent said he required the interview to be continued the following week. On March 6th, they went back to the Garda station.
Dr John White SC, for Dr Barry, put it to Mr O'Sullivan that the evidence in a superintendent's affidavit was that there were 145 complaints. Mr O'Sullivan said he was aware there were numerous complaints.
Mr O'Sullivan said Dr Barry was arrested as he left the Garda station. He (solicitor) objected "but the doctor was arrested and taken to the Bridewell Garda Station.
At the Bridewell, Mr O'Sullivan said, he complained that Dr Barry's watch, tie and belt had been removed and he was trying to hold up his trousers. He made requests for access to Dr Barry. He was allowed access at 4.15 p.m. He objected to what he said were efforts by gardai to undermine Dr Barry's confidence in his counsel and solicitor.
Mr O'Sullivan said he complained to a sergeant that Dr Barry was not being advised of his (solicitor's) requests for access. The sergeant said he (solicitor) was interfering with his duties and that unless the complaint was withdrawn, he would be denied all further access.
At 8.45 p.m., he learned an order had been made by the High Court under Article 40 of the Constitution directing an inquiry into Dr Barry's detention. He told Supt Waldron of the making of the order. The superintendent said it was unreasonable and Unrealistic for a judge to make such an order and Dr Barry would be released at 10.30 p.m.
At the Garda station, the superintendent said he hoped the solicitor had not been making misrepresentations to the High Court.
Mr O'Sullivan said he knew he was not entitled to unlimited access to his client. But he thought he was entitled to be present when his client had no advance knowledge of the 145 allegations.
Mr Garrett Cooney SC, for the Garda, said the evidence would be that there were three periods of access totalling one hour and 48 minutes and that Nr Barry had been offered the facility of phoning the solicitor on four occasions. Mr O'Sullivan said he had not had an opportunity of checking that with Dr Barry.
Mr Cooney said Mr O'Sullivan had become extremely aggressive with the sergeant. Mr O'Sullivan said he made specific complaints and no more.