Barry struck off after ruling of gross misconduct
The eight patients involved included women who began attending James Barry as teenagers.
Barry had subjected women to unnecessary digital penetration “for his own perverse purposes”, made a pornographic video of one woman because he was “unable to control strongly ingrained perverted instincts”, bullied another woman into having her hymen broken for no medical reason and engaged in “perverted abuse” of the doctor/patient relationship, Mr Justice Peter Charleton found.
Barry, aged 81, of Lauriston Lodge, Glanmire, Cork, had exploited one of the patients, a vulnerable schoolgirl, for his own personal sexual gratification by stripping her when she was under hypnosis by him, and unlawfully touching her, the judge also ruled.
Barry, who had denied the claims against him, showed “no insight” regarding his conduct and was guilty of a “gross breach of ethics”, he added.
Mr Justice Charleton was giving his judgment upholding the Medical Council’s decision that Barry has been guilty of gross misconduct in relation to eight former patients. The judge also directed the erasure of Barry’s name from the register of medical practitioners in Ireland and awarded costs against Barry, who told the court he was “impecunious”.
Barry, representing himself, had opposed the Medical Council’s decision of September 12, 2006, to strike his name from the medical register after he was found guilty of 44 counts of professional misconduct relating to the eight patients.
The judge upheld the findings of the council on all but two of the counts of professional misconduct and said he was satisfied of the truthfulness of the patients who gave evidence and of experts called by the Medical Council. Barry, who represented himself, had not given evidence.
The case arose after a complaint was made in 1995 to the Medical Council alleging Barry, who had practiced in Cork city from the mid 1960s, had engaged in improper conduct with a patient.
The council’s Fitness to Practice Committee began an inquiry into Barry’s conduct and a court order restrained him from practicing medicine pending the outcome of that. Legal challenges by Barry meant that inquiry was put on hold.
Criminal proceedings brought against Barry were brought to an end following a European Court of Human Rights decision in his favour in December 2005.
After the ECHR decision, the Fitness to Practice Committee inquired into complaints relating to Barry’s treatment of eight female patients and, based on its findings, the council decided his name should be struck from the register.
In upholding that decision, Mr Justice Charleton dealt with the evidence relating to the eight complainants.
In relation to Ms C, who attended Barry as a schoolgirl, the judge said he was satisfied her evidence was truthful and that her character displayed a strong moral sense.
“I am certain Dr Barry exploited her condition as a vulnerable schoolgirl for his own personal sexual gratification by stripping her while she was under a state of hypnosis and unlawfully fondling her and penetrating her manually,” he said.
The judge upheld all but two of the findings of the Medical Council relating to the eight women, including that Barry made sexual advances, made indecent suggestions and behaved indecently and undertook inappropriate photographic recordings.
Relating to Ms D and E, the judge found they were grossly violated by Barry, filmed naked without their consent and digitally penetrated by him “for no reason known to medical science” but “purely out of a desire to gain a prurient indulgence for himself”.
In relation to Ms G, the judge agreed she had been bullied into having her hymen broken by Barry.
Patient F alleged Barry suggested she have an abortion when she was found to be pregnant. He had also had her strip naked, examined her breasts and examined her internally, allegedly to establish if she was pregnant. The judge also upheld all the findings of misconduct against Barry in her case.
“Barry’s behaviour brought the medical profession into disrepute,” he added.
Complaint made to Medical Council about Dr James Barry by former patient.
Gardaí discover a collection of pornographic videos during a search of Barry’s home in Bishopstown, Co Cork.
Medical Council’s Fitness to Practice Committee decides Barry has a case to answer.
High Court orders Barry to restrain from practising as a doctor until outcome of Medical Council inquiry.
Medical Council rejects Barry’s request to conduct its inquiry in public.
Barry arrested on suspicion of sexual assault against patients. He is subsequently formally charged with 212 offences relating to his treatment of 38 patients. Medical Council puts its inquiry on hold until outcome of criminal proceedings.
Supreme Court dismisses Barry’s application for a judicial review of the Medical Council’s refusal to hold a public inquiry.
European Court of Human Rights rules that delays by the State in prosecuting Barry, notwithstanding delays caused by the defendant’s own appeals, represent a violation of his human rights.
He is awarded €15,000 for damages and costs.
Cork Circuit Criminal Court orders criminal proceedings against Barry to be discontinued based on ECHR judgment.
The Medical Council’s Fitness to Practice Committee finds Barry guilty on 40 counts of professional misconduct relating to his treatment of eight female patients.
The Medical Council strikes Barry off the medical register of general practitioners.
Barry’s appeal against the Medical Council’s ruling begins in the High Court.
High Court dismisses Barry’s appeal and orders he remains struck off as a medical practitioner.
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