Rape trial examines 'interference' of medical evidence

A garda has told a rape trial at the Central Criminal Court that he didn’t know who interfered with a statement of medical evidence in the book of evidence.

Garda Eoin Connell told the jury, in his continued cross-examination by defence counsel, Mr Sean Moylan SC (with Ms Miriam Reilly BL), that he didn’t remove a reference to semen being found in the statement of the proposed evidence to be given by a doctor in the case.

He agreed this reference was to be found in the doctor’s own report to gardaí and that it had not appeared in the book of evidence furnished to the solicitor for the accused, Mr Niall Dolan.

Gda Connell said he forwarded, as was normal practice, all the statements and reports in the case to the State solicitor’s office and the gardaí were not involved in preparing the book of evidence.

He agreed he was in court when the doctor gave her evidence of finding the semen and that an export report by a forensic scientist showed there was in fact no trace of semen.

Mr Moylan noted that the doctor "gave trenchant evidence of it being found" but that somebody later took out this reference from the statement of evidence given to the defence.

"This is the one thing the doctor got absolutely wrong that we can put a stamp on and it calls the doctor’s credibility and conclusions into question," Mr Moylan added on day-seven of the trial.

A 37-year-old Co Armagh married man has pleaded not guilty to raping a now 34-year-old woman on September 15, 2001 at a Monaghan hotel following a wedding reception

The alleged victim’s sister, who was the bride, told prosecuting counsel, Mr Michael Counihan SC (with Ms Monica Lawlor BL) she knew the accused and his wife previously and both had attended a party at her home at which the complainant was present about a month beforehand.

She told Mr Moylan she had no memory of cashing a cheque which the accused and his wife gave her as a wedding gift.

The hearing continues before Mr Justice Philip O’Sullivan and the jury of seven women and five men.