A retired doctor has been remanded on bail after he was charged with more than 200 counts of sexual assault on 38 women while they were attending him as patients in Cork city over almost 30 years.
Dr James Barry (79), Lauriston Lodge, Glanmire, Co Cork, was charged yesterday at Cork District Court with 212 counts of sexual assault on the women, between 1966 and 1995, while practising as a GP at Sidney Place, Wellington Road, Cork.
Dr Barry was originally charged with the offences in 1995 but the prosecution was delayed when he brought judicial review proceedings to the High Court and to the Supreme Court, both of which refused to grant an order preventing the trial from going ahead.
Yesterday, Dr Barry's solicitor, Mr David O'Mahony, complained that the case was unduly delayed but Judge Con O'Leary said it was his client's decision to go the High Court and the Supreme Court, which accounted for the bulk of the seven-year delay.
The charges against Dr Barry were last before Cork District Court in 1997 when he obtained a stay against the Director of Public Prosecutions in proceeding against him until the judicial review proceedings were concluded.
In March 2003, the High Court refused to grant Dr Barry an order preventing his trial going ahead on the grounds of delay, abuse of process and fundamental unfairness. He appealed it to the Supreme Court which upheld the High Court decision on December 17th, 2003.
Yesterday, Dr Barry's solicitor, Mr O'Mahony, complained of the delay and wanted to know why it had taken the DPP 12 months to bring the matter back before Cork District Court after the Supreme Court gave its ruling on the matter in December 2003.
Insp Michael Comyns, who carried out the initial Garda investigation, said gardaí had to go back to all 42 women who had originally made complaints of sexual or indecent assault against Dr Barry to see if they wanted to proceed after so much time had passed.
"This took a number of months - some had left addresses and others were out of the country - that's what accounted for the delay," said Insp Comyns, adding that the last of the interviews with the complainants was only conducted in October.
Twenty-five of the original charges relating to complaints from four women were withdrawn to leave Dr Barry facing 212 charges relating to complaints from 38 women, the court was told.
Judge O'Leary ruled the DPP's directions were "proper and correct". Insp Tom Hayes applied to have the case adjourned until January 19th for preparation and service of the book of evidence.
Judge O'Leary remanded Dr Barry on bail until that date and ordered that he sign on every Monday at Mayfield Garda station. He also ordered him to surrender his passport and not to apply for a new one.
He adjourned an application by Dr Barry for free legal aid until January 19th.
