A Circuit Court judge has made an order prohibiting the trial of an 80-year-old medical doctor who is charged with more than 200 counts of sexually and indecently assaulting his former patients.
Dr James Barry of Lauriston Lodge, Glanmire, Co Cork, was first charged with assaulting almost 40 girls and young women in 1997.
At Cork Circuit Criminal Court today, Judge Sean O'Donnabhain said it would be unacceptable to allow Dr Barry's trial to proceed given that the European Court of Human Rights had ruled last December that the delay in prosecuting the case against Dr Barry had been a violation of his human rights.
Ten years ago one of Dr Barry’s female patients complained to gardaí that he had indecently assaulted her on a number of occasions by making video recordings of her while she was naked or semi-naked.
Almost 40 other girls and young women made similar complaints against Dr Barry and in November 1997 he was charged with more than 200 counts of sexually and indecently assaulting his patients.
Dr Barry was unsuccessful in the High Court and the Supreme Court in two attempts to halt his trial. However, last December the European Court of Human Rights in Strasbourg ruled that his rights had been violated by the delay in prosecuting the case against him.
Earlier this week, the case against Dr Barry came before Cork Circuit Criminal Court to be listed for trial but his senior counsel, Pat Horgan, argued that the proceedings should be halted.
Mr Horgan said the judgement of the European Court of Human Rights was binding on Irish courts and neither the Director of Public Prosecutions nor the judge could disregard it.
The State disagreed but this morning Judge Sean O'Donnabhain ruled in Dr Barry's favour.
There are avenues open to the State to try and lift Judge O'Donnabhain's order. However, the DPP's office has refused to comment on these and legal sources have indicated to RTÉ News that those avenues are unlikely to be pursued.
