A SOLICITOR told the High Court yesterday he was concerned that the Cork doctor at the centre of allegations that he videotaped female patients during medical examinations would break down during questioning at a Garda station last March.
During the resumed hearing yesterday of a High Court inquiry solicitor Mr Denis O'Sullivan said Dr James Barry was psychologically incoherent and he had difficulty at a consultation taking specific instructions from him.
Mr O'Sullivan said at the time he was very concerned about Dr Barry's condition. He had seen him walking in the corridor of the Garda station and he wanted to be present with him if he could.
Mr Justice Carney is holding an inquiry to discover if Mr O'Sullivan was told on March 6th that he could only see his client in the Bridewell Garda Station in Cork if complaints against gardai were withdrawn.
That night an application made to a judge in Dublin seeking Dr Barry's release was successful.
The judge had been told that Dr Barry had been detained from 10.30 am. until 4.20 p.m. and that his detention was extended by a further six hours until 10.30 p.m. On April 23rd last, Mr Justice Carney asked the State to explain why his order was not immediately obeyed on March 6th.
In reply to Mr Justice Carney yesterday, Mr O'Sullivan said at the Garda station, Dr Barry had wanted to exercise his right to silence and these were his instructions to him. Dr Barry had wished him to be present.
Earlier, under cross examination by Mr Garrett Cooney SC for the gardai, Mr O'Sullivan said they had decided not to make an application to the High Court earlier on March 6th on the basis that he (solicitor) would have had access to his client. He required access to Dr Barry and they monitored the situation.
Asked by Mr Cooney if they were not only going to record the access situation, but were also going to "push" the gardai into a position where it would appear they were not giving access and, that that would justify a High Court application, Mr O'Sullivan said that was never their intention.
Asked if he had started to harass the gardai about access in order to make a case against them, Mr O'Sullivan said the sergeant was very pleasant. It was not correct that they set about a scheme of harassing the gardai about access and building a case for a habeas corpus application.
Asked about an affidavit which had been presented to the Highs Court on March 6th, Mr O'Sullivan said he had been advised that a member of his staff, Ms Murphy, was under surveillance for two weeks by a garda. He had made a complaint and the surveillance stopped.
The hearing continues today.