The Department of Foreign Affairs has confirmed it will not be making any submissions in an attempt to have a judgment of the European Court of Human Rights overturned in the case of an 80-year-old Irish GP accused of more than 200 counts of sexual assaults.
The European court ruled in December that the human rights of retired GP Dr James Barry of Lauriston Lodge, Glanmire, Cork, had been violated by the delay by the Irish authorities in prosecuting him on 212 counts of sexual assaults on former patients.
Earlier this month at Cork Circuit Criminal Court, Judge SeáÓ Donnabhain put a stay on any prosecution by the State against Dr Barry, until or unless a further order was made by the court or an appeal of the European Court of Human Rights (ECHR) decision was made.
Judge Ó Donnabhain accepted arguments from Dr Barry's counsel, Pat Horgan SC, that the European Convention on Human Rights had been transposed into Irish law and the ECHR ruling was final and Cork Circuit Criminal Court had no power to list the case for hearing.
"It is my view that I should grant an injunction prohibiting the listing of this trial until a further order of this court or appeal by the State in the case of Barry vs Ireland," said Judge Ó Donnabhain, adding that his order was "in the nature of a stay".
The State has until today to have the ECHR judgment referred to the ECHR Grand Chamber but the Department of Foreign Affairs, which represented the State in the original hearing, yesterday confirmed it will not make any such referral.
"There isn't an appeal as such but the State may make a referral of the European Court of Human Rights' judgment to the court's Grand Chamber by making a submission on it, setting out why the judgment raises a serious question.
"The Grand Chamber can agree to the referral, in which case there is another hearing, or it may decline the request. The Dr Barry case was decided on the basis of well-established case law so therefore it is unlikely the court would accept the referral," said a department spokesman.
The spokesman said the department's legal advice was that the ECHR ruling related solely to a violation of Dr Barry's human rights and does not prevent the DPP pursuing the prosecution in the Irish courts.
"The implication of the judgment is still being studied by the State to see whether it precludes the continuation of a prosecution here in Ireland," he said.
