MR Justice Carney was told in the High Court in Dublin early this morning that there had been a media campaign of vilification against a Cork doctor.
In an affidavit, Mr Denis O'Sullivan, solicitor for Dr James M. Barry, of Sidney Place, Cork, said that there had been enormous pressures brought to bear on his client and that he had been hospitalised on a number of occasions.
He said that a Garda Sgt Fitzpatrick had displayed an extreme form of hostility to him (Mr O'Sullivan) and "I entertained the greatest fear for the safety and wellbeing of Dr Barry in Garda custody".
The court was told that Dr Barry had been detained for questioning by the gardai since 10.30 a.m. yesterday and it was alleged that he was denied access to his solicitor.
Dr Barry successfully sought a High Court injunction under which it was ordered that he appear before Mr Justice Carney in Dublin by midnight.
Since Dr Barry had already been released from Garda custody in Cork, Mr Justice Carney ordered that a hearing on the matter of costs be adjourned to Tuesday, April 23rd.
Mr O'Sullivan said that last July members of the Garda had arrived at Dr Barry's home and surgery stating that they had a search warrant. They never showed the warrant to Dr Barry, but he was happy to allow them to engage in an extensive search.
The gardai told him that they were investigating alleged wrongful prescription of drugs. This allegation was groundless and was never pursued, but in the course of their search the gardai seized videotapes, including "certain tapes that were secured in a safe, as they were confidential tapes of certain patients taken for medical purposes in accordance with the practice adopted by many members of the medical profession.
Dr Barry had co operated in every way in the search.
Mr O'Sullivan said that the gardai subsequently advised him (Mr O'Sullivan) that they had no interest whatsoever in the medical videotapes and wished to return them to him on behalf of Dr Barry. "Their alleged concern at that stage related to a complaint made by a woman which the gardai subsequently acknowledged could not form the basis of any prosecution."
Mr O'Sullivan said that, although the application to the court had been exparte, a number of reporters were in court in anticipation of the case coming up.
He said that he had been informed that, some days before the present media campaign of vilification had begun against Dr Barry, the gardai had "threatened Dr Barry's family that they would bring about the said result which has in fact been brought about".
Mr O'Sullivan said that he was satisfied that a solicitor in hiss firm, Ms Edith Murphy, had been unlawfully placed under surveillance.
"I say that I am satisfied that An Garda Siochana wrongfully interfered, in a gross fashion, with the confidential medical files in Dr Barry's office; and, further, that they have directed patients of Dr Barry to this office to collect their medical files when An Garda Siochana well knows that my firm has no authority to deal with medical files which, until recently, were under the care of Dr Barry's secretary, who has been forced, by recent events, to desist from the performance of her duties."
No charge whatsoever was made or intimated by An Garda Siochana against Dr Barry."
He said that Dr Barry had given an interview to the gardai and, in response to further requests, he had made himself available for interview by the gardai while he was in hospital in Dublin. But the gardai had chosen not to interview him.
Mr O'Sullivan said that the allegation that Dr Barry had absconded from the jurisdiction was "scandalous, untrue and evil". He referred to the behaviour of gardai in the case as "grotesquely unlawful".
At all material times, notwithstanding Mr O'Sullivan's objections, Supt Thomas Waldron had insisted that Dr Barry had no right to have his solicitor present while he was being questioned. He had instead been told that his sole right was "reasonable access".
Mr O'Sullivan said that he had been informed by Dr Barry that he had been questioned persistently and consistently and, when he had last seen Dr Barry, he had appeared very frail and shaken.