Struck-off Cork doctor James Barry has lost an attempt to bring a Supreme Court challenge to a High Court decision to strike him off the medical register over secretly video-taping female patients.
Mr Barry (81), of Lauriston Lodge, Glanmire, Cork, was struck off by Mr Justice Peter Charleton last March after the judge upheld findings by the Medical Council that he was guilty of gross professional misconduct for secretly video-taping female patients and carrying out inappropriate internal examinations of them. Mr Justice Charleton yesterday rejected arguments by Mr Barry that the court's decision raised points of law which required determination by the Supreme Court.
Mr Barry had argued that the High Court hearing, in which he represented himself, was unfair because he lacked legal representation. It was also contended Mr Justice Charleton had acted unfairly in that he refused to order that Mr Barry should have access to employment records of one of the eight women who had made complaints against him. The judge ruled such records were irrelevant.
Patrick Leonard, for the Medical Council, argued the matters raised were not points of law requiring determination by the Supreme Court.
Mr Justice Charleton agreed the grounds were "not sufficient". He noted that Mr Barry had not applied for legal aid for the High Court hearing.
Last March, Mr Justice Charleton upheld the Medical Council's decision of September 12th, 2006, that Mr Barry was guilty of gross misconduct in relation to some of his former patients. The judge said Mr Barry had engaged in "perverted abuse" of the doctor/patient relationship.