Rape accused had sex in toilet with girlfriend

A MAN accused of raping a woman in a public toilet in a Cork town claimed he had sex with his girlfriend in that bathroom about three weeks previous to the alleged incident.

He denied following a woman into the toilets and raping her.

He also denied he had been wearing a pink slip the day of the alleged rape and a pair of women’s blue thongs.

The man told gardaí he would not “rather be a female than a male” when asked by them and denied he had “a fetish” for wearing women’s underwear.

He told gardaí that all the women’s underwear found in a garda search of his apartment had been left behind by his girlfriend who had taken a flight home to their native country three weeks earlier. He said she had not brought them with her so as to not exceed luggage weight restrictions.

The court heard that the woman was not able to pick out the man who had raped her from a formal identification parade, in which the accused stood with eight other volunteers.

The 36-year-old foreign national has pleaded not guilty at the Central Criminal Court to 12 counts including rape, oral rape, anal rape, threats to kill, assault causing harm, sexual assault and false imprisonment during the attack on the woman on the afternoon of March 9, 2010.

A local garda told Úna Ní Raifeartaigh SC, prosecuting, that the man denied in garda interview he had followed a woman across a footbridge into the public toilets. He told gardaí he was either at home or shopping at the time.

When asked if he had raped a woman the previous day, the man replied “No, no, no, no, no, no, definitely no”.

The man said he did not know why the rapist had been wearing a bracelet and a watch similar to what he had been wearing.

“I don’t know what to say. It was impossible. I did not do it,” he told gardaí.

He did not accept a suggestion by gardaí that he had lied about having sex with his girlfriend in the same toilets in order to cover his tracks.

“Are you afraid you left your semen behind?” the gardaí asked the man.

“No. I did not rape that woman,” the accused replied.

He laughed when gardaí asked him if he wore a g-string or a thong and said he never wore anything like that.

The accused pointed himself out on CCTV footage of the town in the earlier part of that day and shortly after 2pm that afternoon.

He had earlier told gardaí he had not been around that part of town in the afternoon and instead had been at home, eating dinner and sleeping.

He accepted he had bought tights twice that day and said he liked giving such things as gifts to his girlfriend.

The trial continues before Mr Justice Patrick McCarthy and a jury of four women and eight men. >

The man told gardaí in interview that he went to the town park that morning after buying a can of beer in a nearby Centra store and read a book there for about 30 minutes or an hour.

He said there was a man and a child there but told gardaí he did not remember any woman. The accused claimed that after the park he went back to his flat.

He accepted he had been wearing a black peaked cap, black sunglasses, a chain bracelet, a beaded bracelet and a watch at the time.

He told gardaí he went to the public toilets with his girlfriend sometime between February 14 and 21, that year where they “made love”.

The man said he did not remember what cubicle they had been in and said it was the “norm” for them. “Sometimes we do these things,” he replied.

He told gardaí he did not drink the can of beer, that it remained in his pocket.


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