The man accused of having a sexual relationship with his 12-year-old niece said that not alone did he not do it but he could not have done so as he suffered from erectile dysfunction.
While he did not give direct evidence, he said through Elizabeth O’Connell, defending, that his wife made up the story after a row.
The defendant pleaded not guilty at Cork Circuit Criminal Court to 15 separate counts — eight for defilement and seven for sexual assault in the latter half of 2011.
He said he had erectile dysfunction since 2009, not alleviated by Viagra. He said that not alone did he not do what was complained of but he said he could not have done it, Ms O’Connell said in her closing speech to the jury yesterday.
His wife testified he had been able to have sex with her in the months before the alleged incidents complained of by his niece.
Judge Seán Ó Donnabháin reminded the jury of this evidence.
Ms O’Connell said each leg of the stool of the prosecution case was unreliable and could not be used as the basis for a conviction.
The complainant, who is now 18 years old testified earlier that her uncle had sexual intercourse with her every day or every second day for a couple of months.
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