A CASE in which a doctor is accused of secretly filming a female patient using the toilet at the medical clinic at which he worked has been adjourned until next week.
Dr Deva Devendra (37), of Balrothery Field, Balbriggan, appeared before David Anderson at Blanchardstown District Court yesterday.
He had been due to be sentenced over the incident, which is alleged to have taken place at the Balbriggan Medical Centre on February 16th, 2010.
However, the court heard Dr Devendra, who pleaded guilty to a charge of harassment at Balbriggan District Court last month, wished to change his plea to not guilty.
Senior counsel Fergal Kavannagh said Dr Devendra had only met his initial solicitor on the morning of his earlier court hearing, and had been advised to plead guilty or run the risk of having the case sent to the Circuit Court, where he could possibly face more serious charges.
Mr Kavannagh said Dr Devendra was not told he was entitled to a full defence initially, and added the defendant was “vulnerable” at the time of the hearing because he was on anti-depressants which had affected his cognitive abilities. This, he said, meant Dr Devendra was not aware of the full nature of the case when he entered his plea.
“He pleaded guilty on a flawed basis, and it does not appear he was ever told about the dangers of what a conviction would have on his career,” said Mr Kavannagh.
The court heard Dr Devendra had sought fresh legal representation five days after that hearing, where he was informed of the full ramifications involved.
It also heard that if the defendant was not allowed to change his plea he would be “effectively convicted for an offence for which he had a defence”.
Mr Kavannagh said sentencing Dr Devendra for harassment would be unjust, as this was a one-off incident and there was no evidence to support persistency, as demanded by the Act governing the offence.
Balbriggan District Court was told last month a covert camera acquired by the defendant over the internet was set up in a toilet at the Balbriggan Medical Centre, where he then worked.
The court heard it was subsequently handed in to gardaí by a woman who discovered it, and 59 images were found on it, including some which showed the defendant setting up the device.
The married father of one admitted to the court he had a “fetish” for watching women going to the toilet, and said he had placed the camera in the clinic.
Judge Anderson was told yesterday it was up to his discretion to allow the defendant to change his plea to “insure an injustice would not be done”.
The prosecution agreed there was precedence for this, and it was decided to adjourn the case to the Criminal Courts of Justice next Friday for further consideration.
