A district court judge yesterday discharged himself from a case involving a Cork doctor who faces 237 indecent assault and sexual assault charges involving 41 women over a 29-year period because he knew one of the alleged victims.
Judge David Riordan said he had asked the President of the District Court, Judge Peter Smithwick, to take over the case of Dr James Barry, of Sydney Terrace, Wellington Road, Cork. Dr Barry was arrested at Lauriston Lodge, Glanmire, at 7.10 a.m. on October 30th.
The judge had indicated that he would be available to sit in Cork District Court on November 17th. However, Dr John White SC, for Dr Barry, told Judge Riordan he had been seriously misled as his court had no jurisdiction to deal with the alleged offences. The arrest warrant was legally flawed.
He said all Dr Barry got from the State was "abuse after abuse after abuse". This did not cast the slightest bit of criticism on the court itself, he added.
Regarding the remanding of Dr Barry on bail at a previous court hearing, Dr White said to the judge: "If you knew the manner in which you were misled on the last occasion, I do not think you would have required him to sign in at a Garda station every Monday."
He accused gardai of telling lies. Insp Ger Dilane objected: "The gardai gave evidence under oath. I think I am entitled to know what lies Dr White is referring to."
Judge Riordan said he was not in a position to make any determination in this case and he adjourned the matter without prejudice to November 13th.
Dr White made an application for free legal aid on behalf of Dr Barry stating his only income was from a pension of less than £250 a week.
He had no property which was not encumbered in terms of debts and he was not allowed to practise by the Medical Council. The gravity of the charges required both senior and junior counsel as well as the services of a solicitor.
Judge Riordan said he would leave the request for Judge Smithwick to deal with and he suggested to both the State and defence teams that they would draw up their own submissions in writing to present to the judge on November 17th.