Legal argument proceeds in rape case

The trial of a Donegal man for allegedly kidnapping and raping a teenage girl in a car has continued with legal argument in the absence of the jury at the Central Criminal Court.

The 26-year-old man has pleaded not guilty to falsely imprisoning her, threatening to kill her and raping her on August 25, 2004 in Co Donegal. It is day-three of the trial.

Yesterday a doctor who examined the then 14-year-old alleged victim in a County Donegal hospital said she didn't find any signs of injury or abrasions consistent with her claims.

Dr Eliza Joseph, who travelled from India to give evidence, told prosecuting counsel, Mr Justin Dillon SC (with Mr Stephen McCann BL): "I wasn't sure she was definitely raped."

Dr Joseph agreed with defence counsel, Mr Roger Sweetman SC (with Mr Peter Nolan BL), she would have "expected to find signs" in the girl's genital area to show it was her first time to have sexual intercourse, as counsel said she had claimed to gardaí.

She also agreed with Mr Sweetman she would have expected to find abrasions on the girl's body if as she claimed she had been pulled from the back seat of a car to the front.

When Mr Sweetman told Dr Joseph that from the documentation provided to the defence, it appeared the girl would claim in her evidence that she was naked when pulled across the car seat, the doctor replied that the teenager had not told her that and there would be abrasions if that was true.

Dr Joseph said the teenager didn't tell her she was "kicking the car door" and she further agreed with Mr Sweetman that there would be an injury to the girl's elbow if she claimed she was using it to try and break the car window. "There were none," she said.

The hearing continues before Mr Justice Patrick McCarthy.