A doctor appeared at Cork District Court yesterday on 237 indecent assault and sexual assault charges involving 41 women over 29 years from 1966 to 1995. Dr James Barry of Sydney Terrace, Wellington Road, Cork was arrested in Lauriston Lodge, Glanmire, at 7.10 a.m. yesterday morning, taken to the Bridewell Garda station and charged with the alleged offences.
Det Sgt Michael Comyns said that on all charges the doctor replied: "I will get advice from senior counsel, I have no comment to make."
The charges included sexual assaults under Section 2 of the Criminal Law Rape Amendment Act (1990), indecent assaults contrary to common law and indecent assaults contrary to common law under Section 10 of the Criminal Law Rape Act.
Insp Ger Dilane said the gardai had no objection to Dr Barry being granted bail, but he asked for a substantial independent surety in view of the seriousness of the charges and the fact that Dr Barry had left the country on a previous occasion.
Mr Pat Horgan, counsel for Dr Barry, strenuously opposed the application for an independent surety, saying the gardai had always been aware of Dr Barry's movements. He had previously answered all charges brought against him, including minor charges which were dismissed.
"There is not a shred of evidence to justify this application. You do not believe for a moment that he is going to flee the jurisdiction," said Mr Horgan.
Sgt Comyns said Dr Barry had left the country and did not turn up for an interview with gardai, as promised after his home at Farranlea Grove was searched in June 1995. He believed he returned to Cork only after being found by media people abroad.
Mr Horgan said Dr Barry was in hospital in Dublin following the search of his home and he had written to gardai inviting them to interview him there. Sgt Comyns said after getting legal advice it was decided not to interview him in the hospital.
Mr Horgan said Dr Barry had returned to Ireland voluntarily last year and while in England the gardai were aware of his address. No charges were pending against him when he returned. His client was an elderly man who had no intention of leaving the jurisdiction.
Mr Horgan protested that the Director of Public Prosecutions did not act for 12 months after the file was sent to him: "My client has got the worst of all possible worlds from the DPP". At the start of the case Mr Horgan said the arrest warrant was signed on October 29th and he wanted to reserve his position regarding its legality.
"Dr Barry reserves his right to say this was further intimidation by the gardai against him. He has always been available. He appeared in the District Court on minor charges which were dismissed. He successfully defended a Circuit Court action brought against him and was awarded costs. He has made applications to the superior courts and has appeared before the Medical Council.
"He has not been out of sight as far as the gardai are concerned, and I am mystified that a sergeant would disturb my client from his sleep to arrest him and transport him to a Garda station at 7 a.m." Mr Horgan added that Dr Barry was unable to contact his solicitor after his arrest because he did not have his home number and he had to wait for office opening hours to do so. Mr Horgan told Judge David O'Riordan, who signed the arrest warrant on Wednesday afternoon, that he wanted to make his position clear in case he might be misunderstood or misquoted elsewhere.
Replying to questions from Mr Horgan, Sgt Comyns said he did not know where Dr Barry lived when he got the warrant and he went to Sydney Terrace, but the place was in darkness.
Judge O'Riordan remanded Dr Barry on his own bail of £500 to appear before him on November 6th. The defendant, who was in court, consented through Mr Horgan to handing over his passport and to signing on every Monday at Mayfield Garda station.