GP tries to stop trial for alleged assaults on patients
A 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 (54), 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 is 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.
Yesterday, the High Court heard that Dr Mulcahy was seeking an order stopping his prosecution on the grounds that there was a real risk he would not get a fair trial due to the delay in bringing the charges.
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 when his client was returned for trial. This had affected Dr Mulcahy's ability to conduct his defence and bring witnesses, he added.
Mr Justice Michael Peart yesterday 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 his High Court action has been concluded.
The matter was made returnable before the High Court to a date in July.