GP brings High Court challenge to halt sex assault prosecution
A-54-YEAR-old GP has brought a High Court challenge aimed at halting his prosecution on charges that he sexually assaulted one woman and indecently assaulted two others.
Doctor Kevin Mulcahy of Creggane, Lombardstown, Mallow, Co Cork is charged with two counts of sexually assaulting a woman at his surgery in Lombardstown in 1995 and 1996.
He was also charged with indecently assaulting two other women, one at his surgery at Strand Street, Kanturk, Co Cork, between September 1989 and June 1990, and the other at Banteer, Co Cork, in December 1989.
Today, the High Court heard that Dr Mulcahy is seeking an order stopping his prosecution on the grounds that there is a real risk he will not get a fair trial due to the delay in bringing the charges against him.
Dr Mulcahy's barrister Blaise O'Carroll SC told the court his client had suffered prejudice arising out of the time lapse of between 22 and
16 years between the alleged offences and the time his client had been returned for trial.
This lapse of time has affected Dr Mulcahy's ability to properly conduct his defence, and his ability to adduce witnesses.
Counsel also said that due to the loss of medical records, which were destroyed as a routine after a lapse of 10 years has also prejudiced the defence. The records it was submitted would be capable of co-operating evidence including that one of the complainants did not become a patient of the the doctor until after the alleged offence is said to have occurred.
The DPP counsel said also failed to prosecute the offences within a reasonable time after a formal complaint was made against Dr Mulcahy.
Mr Justice Michael Peart today granted leave, on an ex-parte basis (one side only) to Dr Mulcahy to bring his challenge. That order is to act as a stay on criminal proceedings against Dr Mulcahy until the his High Court action has been concluded.
The matter was made returnable before the High Court to date in July.