Jury unable to agree verdict in GP assault case
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, insisted the incident never took place.
A Cork Circuit Criminal Court jury deliberated for more than 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 DPP to decide if another trial should take place.
Dr Mulcahy said he was "deeply shocked and greatly distressed" by the allegation.
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 on December 23, 1989.
She was helping tend her mother, who was in the final stages of terminal cancer.
Dr Mulcahy called on almost a daily basis to attend to the dying woman that December.
The complainant felt herself coming down with flu.
"I was feeling unwell that day . . . he (Dr Mulcahy) offered to have a look at me," she said.
The woman then claimed that Dr Mulcahy fondled her breasts, and fondled her private parts outside her clothing.
She said she did not tell anyone about what happened given the circumstances in the house.
The complainant contacted gardai about the matter 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.