A Cork doctor has lost his High Court attempt to prevent his trial on more than 200 counts of indecent and sexual assault of some 42 women patients.
Dr James M.Barry was given leave in November 1997 to seek, in judicial review proceedings, an order to prevent the DPP taking any further steps in the prosecution against him in Cork District Court.
He also got leave to seek an order prohibiting the district judge dealing with the case from taking any further steps in relation to it.
In a reserved judgment yesterday, Mr Justice O'Neill rejected the challenge on all grounds advanced and refused to grant the orders sought. That refusal may be appealed.
Among other arguments, Dr Barry had contended that the delay in making the complaints had prejudiced his right to a fair trial.
Outlining the facts, the judge said Dr Barry was arrested on November 30th, 1997, and charged with 237 counts of indecent assault and sexual assault alleged to have been perpetrated against 42 complainants.
On that date, he was taken to the District Court and charged accordingly. He was released on bail.
The events leading to Dr Barry being charged began in May 1995 when a formal complaint was made to gardaí by a young woman to the effect that she had been indecently assaulted by him and that he had made video recordings of her nude or semi-nude on a number of occasions.
On June 4th, 1995, a warrant was obtained from the District Court authorising a search of Dr Barry's premises. On June 6th, 1995, his house, clinic and consulting rooms were searched.
During the search of Dr Barry's house, a number of videotapes were discovered which showed the complainant as she had described and also other naked female patients. In October 1995 a newspaper published a report to the effect that a Cork doctor had had a number of videotapes seized from his surgery.
At that stage, Dr Barry was not named.
Subsequently, civil proceedings were taken in Cork Circuit Court and an injunction claimed to freeze his assets.
As a result of those proceedings, it appeared Dr Barry's name emerged into the public domain as the doctor in question.
The judge said he had no doubt that the media attention which had focused on Dr Barry was distressing and caused him a great deal of anxiety.
But there was no evidence whatever to suggest to him that, unpleasant as the media attention was, it in any way inhibited him in dealing with the Garda investigation and subsequent events, apart from a period of about three months when he left the jurisdiction to avoid the media.
Mr Justice O'Neill said he was satisfied that the considerable publicity which had attached to Dr Barry could not be blamed on any culpable misconduct of the gardaí.
The judge said he was satisfied that Dr Barry, so far as the lapse of time from the commission of the alleged offences to the date of the reporting of them was concerned, had failed to demonstrate that there was a real risk of an unfair trial.