GP who denies assaulting teen girl as her mum lay dying may face retrial
A GP accused of indecently assaulting a teenage girl during a visit to tend her dying mother faces the prospect of a retrial after a jury was unable to agree a verdict in his case.
Dr Kevin Mulcahy (55), a north Cork based GP, vehemently denied indecently assaulting the then 15 year old at her home in 1989.
Dr Mulcahy of Creggan, Lombardstown, Mallow, Co Cork insisted that the incident never took place.
A Cork Circuit Criminal Court jury of eight men and four women deliberated for over two and a half hours yesterday following a two day trial.
Judge Sean O'Donnabhain allowed the jury to return a majority verdict but was then informed that, irrespective of the amount of time allowed, the jury would not be able to reach a verdict.
The matter will now be referred to the Director of Publications to decide if another trial should take place.
Dr Mulcahy, a father of four who qualified as a doctor at UCC in 1981, said he was "deeply shocked and greatly distressed" by the allegation.
He also said the allegation had caused "great distress and upset" to his wife and children.
The GP claimed he had absolutely no recollection of treating the teen and, according to routine surgery practice, destroyed all medical records after 10 years.
The complainant, who is now middle-aged and cannot be identified, said the incident occurred in her family home at lunchtime on December 23 1989.
She was on Christmas holidays from secondary school and helping tend her mother who was in the final stages of terminal cancer and was in great pain.
Dr Mulcahy called on almost a daily basis to attend to the dying woman that December.
He operated a GP practice in north Cork which he had built up from scratch since 1989.
The complainant felt herself coming down with flu, having a headache and a sore throat.
"I was feeling unwell that day...he (Dr Mulcahy) offered to have a look at me," she said.
The teen said the doctor went with her to her bedroom at the end of the bungalow and down a long corridor.
"I cannot be 100pc sure that the (bedroom) door was locked. But it was most definitely closed," she said.
The complainant said the doctor asked her did she realise how sick her mother was and that she didn't have much time left?
"I became quite upset. He comforted me. He was hugging me," she said.
The woman said the doctor then asked her if she knew how to perform a breast exam.
"He gave me a demonstration of how to examine my breasts. I was naked from the chest up. I was wearing casual clothing - jeans and a top," she added.
The woman then claimed that Dr Mulcahy, after fondling her breasts, fondled her private parts outside her clothing.
"He asked me did I understand what having sex was and did I have a boyfriend. I had no sexual experience whatsoever. I didn't have a boyfriend. I had never been kissed," she said.
The woman said that, after rubbing her private parts outside her clothing, Dr Mulcahy ended the examination and she put her bra and top back on.
She said she did not tell anyone about what happened given the circumstances in the house.
"I felt that I couldn't (say anything). There was so much going on I couldn't add to the stress and strain in the house," she added.
The woman's mother died a short time later.
The complainant contacted gardai about the matter over two decades later in October 2010.
Dr Mulcahy was remanded on continuing bail to the February session of Cork Circuit Criminal Court to allow the DPP to consider the matter.