Civil cases against Dr Barry ‘weakened’

LEGAL experts have warned that the failure of the State to successfully criminally prosecute a Cork GP on 212 counts of alleged sexual assault has seriously weakened the dozens of civil cases being taken by former patients.

Around 70-100 civil cases against Dr James Barry, 80, have been commenced, and a number of these were already settled for minor amounts. Solicitors estimate that a further 30-50 women were awaiting the criminal prosecution before mounting civil proceedings.

Cork solicitor John Boylan, who is representing a number of Dr Barry’s alleged victims, has warned there is a “strong possibility” that Dr Barry’s defence team will attempt to use the same defence in the civil proceedings which allowed them to avoid prosecution in the criminal cases.

Last December, the European Court of Human Rights ruled that the delay in prosecuting the case against Dr Barry was a violation of his human rights and he was awarded €8,000 compensation.

Earlier this month, Judge Seán Ó Donnabháin granted an injunction blocking the listing of criminal charges against Dr Barry on the grounds that it would be unacceptable to allow a trial proceed in light of the European ruling.

On Tuesday, the State confirmed that it would not be appealing the European ruling, ending the likelihood of Dr Barry ever being brought to court on criminal charges.

Mr Boylan said: “Now that the criminal prosecution has been dealt with, the worry is that Dr Barry, through his lawyers, will use a similar defence in civil proceedings as he did in the criminal defence.

"Already, these civil proceedings have certainly been weakened by the failure of the State to obtain a successful criminal prosecution of Dr Barry.”

It’s understood that a number of women failed to take civil or criminal cases as they believed that Dr Barry would be brought to justice through the criminal cases already in train, while other women couldn’t deal with taking the doctor to court.

“The issues involved are so personal that many people making allegations considered civil actions but didn’t follow them through due to sensitivities about privacy and other issues, including the cost of litigation,” said Mr Boylan.

Dr Barry, of Lauriston Lodge, Glanmire, Co Cork, was first charged with assaulting 38 women in 1997. He conducted his practice at Sidney Place, Wellington Road, Cork.

It is easier to get a result when taking a civil case rather than a criminal case as in a civil case, a person has to be found guilty on ‘balance of probabilities’ but in a criminal case, guilt must be proved ‘beyond reasonable doubt’.