No 'forensic evidence of rape' in Donegal man's trial
There was no forensic evidence that a Donegal man carried out an alleged rape in a Dublin bedsit on a girl who said she had earlier snorted cocaine, the Central Criminal Court has heard.
Ms Jennifer Ryan, a forensic scientist, told defence counsel, Mr Richard Lyons SC she found no evidence of semen when she examined pubic hair and items of clothing belonging to the alleged victim.
When asked if her tests showed any evidence of sexual assault Ms Ryan replied: "I want to be clear, there was no semen. That's all I looked at."
She agreed with Mr Lyons the girl's clothing showed no signs of damage apart from normal "wear and tear" and she found "inconclusive evidence" of semen in the gusset of her underwear but that even if this was conclusive she would be unable to tell when it dated from.
Mr Lyons (with Mr Eoin Hardiman BL) noted that the complainant went to the doctor after the alleged rape and told him she was unsure if the man ejaculated or had worn protection during the incident.
The 37-year-old accused has pleaded not guilty to one count each of rape and sexual assault of a Cork woman on the morning of January 30, 2005.
Prosecuting counsel, Mr Denis Vaughan Buckley SC (with Ms Cathleen Noctor BL), told the jury that statements from two witnesses who were in the bedsit at the time would not be read out due to an objection by the defence. The two men were not in court as they are both abroad.
The trial continues before Mr Justice Liam McKechnie and a jury of two men and ten women.