Kevin Barry

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

A five-person Disciplinary Tribunal found Mr Kevin Barry, a senior practising barrister, guilty on three admitted charges of professional misconduct arising from two incidents of sexual touching of a very junior tenant (Person A) in 2018, breaching Core Duty 5 and rC12. The tribunal placed the conduct in the upper range of culpability and harm, noting aggravating features including seniority disparity, targeting, and a prior similar disciplinary finding. Despite substantial mitigation (admissions, apology, remorse, rehabilitation), the tribunal unanimously found disbarment the minimum appropriate sanction. No express finding of dishonesty was made. Immediate suspension pending appeal; no costs order due to lack of income.

Duties found breached:

• No unlawful discrimination or harassment
• Good faith and courtesy to colleagues

Aggravating factors:

• Disparity in seniority: senior head of crime targeting a very junior tenant recently out of pupillage
• Respondent was an experienced RASSO barrister specialising in sexual offences, well aware of the concept of consent
• Specific targeting of Person A; misconduct persistent and repeated on two occasions
• Ignoring requests to stop; touching under clothing on first incident
• Previous disciplinary finding for a very similar offence against another young female barrister (2014)
• Lack of insight demonstrated by repeating misconduct on same person

Mitigating factors:

• Admission of all charges (though late) and never disputing the complainant's factual account
• Immediate unreserved apology to complainant in March 2018
• Offer to leave chambers in interests of Person A
• Genuine remorse and deep sense of shame
• Extensive rehabilitation: therapy, addiction counselling, workplace harassment training, charitable work
• Significant delay between events and hearing causing extra distress
• Impressive character references and 27 years of able practice