THE solicitor representing the Cork doctor at the centre of allegations that he videotaped female patients during medical examinations failed to get an order against Cork Examiner Publications Ltd in the High Court yesterday.
Mr Denis O'Sullivan and Co, solicitors, of St Patrick's Buildings, Patrick Street, Cork, sought an interlocutory injunction.
A temporary injunction was granted on March 5th which restrained Cork Examiner Publications Ltd and its servant or agents from trespassing at the Patrick Street offices.
It was alleged a reporter and photographer from the Cork Examiner had entered the solicitor's offices on March 5th and a photograph was taken of a letter for Mr O'Sullivan being handed to a receptionist.
Mr John Coughlan SC, for the solicitor's company, said they claimed there had been a trespass because of the photograph being taken.
He said there had previously been a controversial hearing in Cork Circuit Court where Mr O'Sullivan had been representing a party. From affidavits it appeared the Cork Examiner was publishing a letter on behalf of its readers which it wanted to give to Mr O'Sullivan's client, a doctor in Cork.
Mr Coughlan said his client could suffer damage to his practice as other clients might be put off by a belief that their affairs would not be conducted in a confidential manner if members of the press could enter the office and take photographs at will.
Ms Carmel O'Mahony, a receptionist in the solicitor's office, in an affidavit, said as she went to take the envelope from the man, the woman who was holding a camera said she wanted to take a photograph.
The woman with the camera then asked could she take a photograph of the man handing over the letter and that only her (the receptionist's) hand would be in the photograph. Without waiting for her to say "no", the photograph was taken. She was extremely upset.
Mr Vincent Power, a staff journalist with the Evening Echo, said in an affidavit that before entering Mr O'Sullivan's offices, the photographer, Ms Norma Cuddihy took a photograph of him outside the building holding the letter.
He told the receptionist he had a letter for Mr O'Sullivan and wished to take a photograph of the letter being delivered. The receptionist said she would prefer a photograph was not taken.
Ms Cuddihy asked permission and said if published it would merely show her hand and not reveal her identity. The receptionist smiled and held the letter in one hand while he (Mr Power) handed it to her and the photograph was taken. She did not refuse a second time.
Mr George Alan Crosbie, director and chief executive of Cork Examiner Publications, in an affidavit, said if the injunction was not discharged all 300 of the firm's workers would be unable to conduct any business with Mr O'Sullivan's company.
Mr Crosbie said there were a number of actions between clients of Mr O'Sullivan and Cork Examiner Publications. The newspapers' solicitors would be unable to enter Mr O'Sullivan's premises to transact legal business.
Mr Paul Sreenan SC, for the Cork Examiner, said there was no evidence of a tort having been committed. The only complaint was the taking of the photograph.
Mr Justice Barron, refusing the application, said it was agreed the first photograph taken outside the premises could not have been prevented from being published. In his view, the second photograph was of much less significance. It merely showed an envelope being handed over to somebody and there was nothing to indicate it was taken inside the solicitor's office.
The journalist and photographer had acted responsibly. On being told they could not take the photograph of the receptionist, they indicated that only her hand would be included.
Following a request by Mr Coughlan to continue the terms of the temporary order for another 24 hours so that he could consult his client, Mr Sreenan gave an undertaking on behalf of Cork Examiner Publications not to publish the photographs until after the 24 hours.