Alibi of rape accused testifies to court

The daughter of a Waterford man accused of raping and sexually assaulting a schoolgirl has claimed at the Central Criminal Court that the complainant was always in her company at the times of the alleged offences.

The 25-year-old woman told defence counsel, Ms Isobel Kennedy SC, that contrary to the complainant's evidence, her mother did not work at the time and would "always be around the house".

Further defence evidence directed at casting doubt on whether the 55-year-old accused man's working hours and the habits of his family would have allowed him an opportunity to rape the complainant was given by Ms Janice Butler, a editorial assistant for The RTÉ Guide and several other witnesses.

Ms Butler told Ms Kennedy (with Ms Catherine Staines BL), that according to the archives from the time of the alleged offences, the 'Home and Away' programme was shown at 6.30pm Monday to Friday, but was not shown on weekends as claimed in evidence by the complainant.

The now 24-year-old woman has alleged that the accused called her into his bedroom when she was watching 'Home and Away' on RTÉ in the living room.

He has pleaded not guilty to charges of rape, oral rape and sexual assault of the then 11-14 year-old girl on dates unknown from January 1, 1994 and December 31, 1997.

The accused's daughter told Ms Kennedy that she and the complainant would always be in each other's company when she would visit them.

She said she would usually visit in the summer and stay for several nights. She said she would not leave her on her own and when she went to visit her friends she would take the visitor with her.

When asked by Ms Kennedy about the complainant's claim that she was wearing a night-dress when the accused called her into his bedroom she replied: "We would go inside to watch 'Home and Away' but we would usually go out again after to play."

The human resources manager of the accused's employer said that as well as working his normal hours the accused worked "a good number of overtime hours" especially during the summer when he could have worked up to two hours extra in the evening, meaning he wouldn't be finished until 6.30pm.

The manager told Ms Kennedy the payroll records for 1997 show there were only six weeks in which he did not work overtime. However while the records showed what weeks he worked overtime in, they did not specify the days it was worked.

A business contractor said the accused used to work for him some evenings and weekends, especially during the silage season in the summer and could be working until 10 or 11pm.

He agreed with prosecution counsel, Mr Gerard Clarke SC (with Ms Fiona Murphy BL), that there was a lull in the season in August when the accused would not be working.

The hearing of evidence has finished on day-five of the trial which is continuing with 11 jurors - five men and six women - due to the reported illness of one juror.

The jury is expected to retire tomorrow after hearing closing speeches and being charged by Mr Justice Patrick McCarthy.