Book of evidence served on Cork man on historical counts of sexually assaulting boy scouts 

Book of evidence served on Cork man on historical counts of sexually assaulting boy scouts 

72-year-old David Barry, of Firgrove Gardens, Bishopstown, Cork, was charged last month by Detective Garda Gary Duggan and brought before Cork District Court. Pic Ger Bonus

A book of evidence was served on David Barry – a well-known retired Cork businessman on 26 historical counts of sexually assaulting boy scouts.

A 27th charge relates to an alleged attempted sexual assault.

72-year-old David Barry, of Firgrove Gardens, Bishopstown, Cork, was charged last month by Detective Garda Gary Duggan and brought before Cork District Court.

David Barry returned to the court in compliance with his bail today (Wednesday, January 27).

Sergeant Gearóid Davis confirmed that a book of evidence had been served on the accused.

Sgt. Davis then applied to have the case sent forward to the next sessions of Cork Circuit Criminal Court commencing on Monday February 1.

Before that was done, Judge Olann Kelleher had to take a number of procedural steps, including the issuing of an alibi warning to the defendant. In effect, this requires a defendant to give the state notice of any witnesses that might be called in relation to an alibi defence.

The judge also reminded the defendant of the bail requirement to sign each Wednesday at Togher garda station. Sgt. Davis said there had already been compliance with the only other bail condition – the surrendering of the defendant’s passport.

Judge Olann Kelleher said, “I am sending the case forward to the sessions of Cork Circuit Criminal Court on February 1 on a plea of not guilty. Have I that right?” Defence solicitor, Daithí Ó Donnabháin confirmed that this was the position.

Det. Garda Duggan charged Barry with 27 separate counts in respect of nine different complainants – former boy scouts. Many of them are now in their 40s. Seven charges are of sexual assault, 19 of indecent assault (which is the identical charge to sexual assault) and one of attempted sexual assault. The attempted sexual assault relates to one complainant. The other charges relate variously to the other eight complainants.

Charges relate to a period from 1986 to 2005 at a location in Cork. Many of the charges relate to the 1980s and 1990s. 

Indictable trials are heard by judge and jury at Cork Circuit Criminal Court. However, it is not anticipated that any jury trials will take place in the forthcoming sessions of the circuit court or as long as Level 5 Covid-19 restrictions are in place.

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