An acupuncturist who secretly filmed partially-clothed female patients has been jailed for three years by Judge Kieran O'Connor at Dublin Circuit Criminal Court.
Palden Carson (47), single, with sexually assaulting two patients at his Ranelagh clinic in 1996.
Judge O'Connor directed that £15,000 compensation offered by Carson to his victims be divided equally between them. Mr Patrick Gageby SC, defending, said the £15,000 was not meant as compensation but was an earnest of Carson's remorse. It did not affect their right to bring civil claims.
Judge O'Connor also revoked an earlier order prohibiting publication of the man's name and address. The victims are in their early 20s and their identities cannot be revealed without their authority.
Judge O'Connor directed that Carson's sentence date from February 7th, when he was taken into custody on an extradition order, and be suspended from December 14th, when he is to leave Ireland. If he did not leave Ireland voluntarily he would serve the full sentence.
Mr Gageby (with Michael O'Higgins) said Carson was a naturalised Irish citizen but intended to leave the country voluntarily as soon as possible.
Judge O'Connor told Carson: "We don't want your type in this country. You were welcomed here and became a citizen but you behaved despicably and abused the trust placed in you."
Throughout the sentence hearing Carson's brother sat behind defence counsel dressed in the ceremonial robes of an Oxford graduate of philosophy and with either his left or right white-gloved hand raised.
Judge O'Connor told Carson it was fortunate for him that he pleaded guilty or he would have imposed the maximum five-year sentence permitted by law.
"I am surprised you have no previous convictions because it appears to me you have some form of repressed sexual desires which you fulfilled in the way described in this case," he said.
At an earlier hearing in June, Carson's brother, a medical specialist, said he wanted to apologise on behalf of the family to the victims. His brother had brought disgrace on himself and the family.
He said the family originated in east Tibet, but moved many years ago to Taiwan, where they were reared. Their father, who had been a US Air Force B52 bomber pilot in the second World War, was now elderly and quite ill in Canada.
Carson qualified as a doctor in Taiwan but failed 11 times in surgery examinations in Ireland. He came here in 1984.
Det Sgt George McGeary said Carson made video recordings of naked female patients and could be seen on some of the tapes masturbating himself with his penis exposed.
A total of 12 women were recorded on two videotapes handed to one victim's family by Carson. Some of the women identified on videos declined to assist in the Garda investigation.
The women were unaware they had been video-recorded by Carson, who had got them to wear vibrating goggles with opaque glass, claiming this would relax them for the needles used in acupuncture.
Det Sgt McGeary said the case might not have come to light but for the fact that one of the two victims observed a camcorder in Carson's hand through a gap in the goggles.
Det Sgt McGeary said the woman was extremely distressed and was "in a most awful state when she reached her mother". She lodged a complaint with gardai some hours later.
Carson went to that victim's family begging forgiveness and asking them to withdraw the complaint. He also handed over two videotapes although the victim could not identify herself on either of them.
While there Carson became hysterical and banged his head off a door as well as slapping his head, repeating: "I am a very bad man". He attempted to destroy one videotape, but it was rescued by a family member.
Some time after the Garda investigation began Carson sold the Ranelagh house in which he also practised and moved to London. He also visited Canada.
Det Sgt McGeary said he eventually traced Carson in London. He was extradited to Dublin on February 7th and had been in custody since then.
Det Sgt McGeary agreed with Mr Gageby that Carson was extremely remorseful and had begged forgiveness. He had co-operated with gardai and admitted his guilt. He repeatedly told gardai: "I think it is a sin what I have done and I should be punished." Det Sgt McGeary said Carson said he had made the videos for his own gratification and not for sale.
One of the victims said if she is asked now by medical people to undress she queries it fully to make sure it is necessary and only does so reluctantly. Both victims revealed in evidence that their experiences had caused them deep depression and resulted in psychiatric treatment.
Neither had yet come to terms with what had occurred and both feared doctors and having to have medical treatment as a result of Carson's actions.