A CORK woman who is suing Dr James Barry for £30,000 damages for breach of her privacy and constitutional rights will not get copies of three clips of videotape on which she appears, a Circuit Court judge in Cork has decided.
An application for discovery of the tape was made by Ms Marjorie Farrelly, barrister, on behalf of the woman whose identity is protected by a court order.
Dr James Barry, of Sidney Place, Wellington Road, Cork, is alleged to have videotaped his female patients without their knowledge when they attended him at his surgery. The tapes were seized by gardai during searches of his home and surgery last year.
Ms Farrelly - instructed by Ms Sine ad Behan, solicitor - said the videotapes were needed for the planning of her case. She asked how long they would remain in Garda custody as they were worried they might be removed from there.
Mr Barry Galvin, State Solicitor, said the tapes were locked in, a safe in Anglesea Street Garda station. The Attorney General was reluctant to allow the tapes or pieces of them out of Garda hands.
An application for discovery had been granted, as a result of which Ms Farrelly and Ms Behan viewed the tapes. The State was under no obligation to furnish a copy of the clips as the requirements of discovery had been met.
Judge Patrick Moran said the Attorney General was familiar with the case and he believed there was a reason why he wanted the tapes to remain in Garda custody. He did not see how the plaintiff's case would be inhibited if the material requested was available for inspection.
Ms Farrelly asked for an undertaking that the tapes would remain in Garda hands and would be available for the trial.
Mr Galvin said gardai would continue to keep them secure until there was an order for their release in respect of Circuit Court or criminal proceedings.