LAWYERS representing a Cork woman, identified as "A Lady", were granted leave at Mallow Circuit Court yesterday to see segments of a video recording taken while she was undergoing a medical examination.
The woman, who featured in one video clip for a minute, and in another for less than two minutes, is seeking damages against Dr James Barry who practised at Sidney Place, Cork, prior to last summer.
Dr Barry has been ordered by the Circuit Court in Cork not to reduce his assets in the State below £30,000. A number of former patients, who claim to have been the subject of secret video taping while undergoing examinations at his surgery, have instituted civil proceedings against him for breach of privacy, breach of doctor/patient relationship, and breach of their right under the Constitution to bodily integrity.
Judge Patrick Moran decided yesterday the plaintiff's barrister, Ms Marjorie Farrelly, and her solicitor, Ms Sinead Beahan, could see the video segments.
The original tapes are in Garda custody at Garda headquarters in Cork.
Mr Barry Galvin, state solicitor for Cork, said the Attorney General was concerned the medical confidentiality of the people on the videos should be maintained. This was their Constitutional right. He added that such concerns would be met if the female gardai who had seen the videos gave evidence of this in court.
Judge Moran replied that while he appreciated Mr Galvin's argument, the plaintiff's legal representatives also had a right to see that section of the tape which was of relevance to their client. They could do so, he added, in the presence of a garda.
The case was adjourned to Cork Circuit Court, on April 23rd next, when legal argument as to the woman's right to recover the segment of tape relating to her will be heard.