Tribunal finds senior barrister exploited his position of power when harassing junior colleague
A senior criminal barrister who sexually harassed a junior colleague has been disbarred after a disciplinary tribunal ruled that he must have understood the power he held over her career. Kevin Barry admitted three counts of misconduct arising from incidents that took place during two social occasions in 2018, one at the Rosewood Hotel bar and the other at a chambers silks party. The Bar disciplinary tribunal has now set out the reasons for its decision.
The panel, chaired by His Honour Martyn Zeidman KC, said the circumstances were serious and that Mr Barry’s position gave him influence over the junior barrister, referred to as Person A, who was only a short time out of pupillage. He was head of the criminal department, and Person A did not have her own work or financial independence. The tribunal noted her evidence that she did not wish to upset someone who could affect her career both inside and outside chambers.
The tribunal said Mr Barry’s extensive professional experience aggravated the seriousness of the misconduct, particularly because he specialised in sexual offences. The concept of consent would have been central to his work. Despite this, he continued to assert that he believed Person A was consenting, although he accepted that this was not a reasonable belief. He said his perception at the time may have been clouded by the amount of alcohol he had consumed.
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Other aggravating features included Mr Barry’s failure to stop when asked and the impact on Person A’s well-being. The tribunal accepted that she suffered fear, anxiety and long-term effects on her health and working life. She experienced discomfort when touched by others and reported flashbacks. She described becoming more withdrawn and less active in the months after the incidents.
The tribunal also gave significant weight to an earlier disciplinary finding from 2019, when Mr Barry was reprimanded and fined £3,000 for unwanted sexual conduct towards his pupil. That conduct took place before the incidents involving Person A, although he was unaware that a complaint was pending at the time.
Mr Barry admitted the charges shortly before the hearing and apologised to chambers when the allegations were raised. He offered to resign at that stage and has since undertaken therapy and taken steps to address the strain he was under in 2018. He previously abstained from alcohol completely, but now drinks moderately at home. The tribunal accepted evidence that he felt deep remorse and noted his charitable work and positive character references. One witness described him as a broken person.
However, the tribunal concluded that a suspension was not appropriate. The sanctions guidance states that disbarment is reserved for cases where public protection or confidence in the profession requires removal from practice. The tribunal decided this threshold was clearly met and stated that a suspension would not be sufficient in the circumstances.