Rape evidence 'faked', accused tells court

A Polish man accused of attempting to rape a Wexford woman two years ago has told a Central Criminal Court jury that the evidence against him had been "faked" and that a garda told him to plead guilty.

The 26-year-old man gave evidence in his own defence through an interpreter and agreed under cross-examination by prosecuting counsel, Ms Pauline Walley SC, that he told gardaí in the video recorded interview seen in court that he tried to rape the woman but was stopped by two men who pulled him off her.

He told Ms Walley that what he said during the interview was not true because "before the interview the garda told me if I'm going to plead guilty everything would end in a positive way and I trusted the garda".

He agreed with Ms Walley that it was not put to the garda during the trial that this had been said but when Ms Walley suggested "you just made it up", he replied: "I didn't."

He has pleaded not guilty to attempted rape, sexual assault and assault causing harm to the woman in a Wexford town on July 10, 2006.

The accused told his defence counsel, Mr Conor Devally SC , that he had arrived in Ireland in May 2006 and gone to a Wexford town to work. He said he lived with a number of other Polish people and on the night of the alleged incident went alone to a pub in the town.

He said a fight broke while he was there and he was hit on the head when he went outside.

The accused told Mr Devalley that two men beat and kicked him before they removed his belt, put it around his neck and dragged him a distance by the belt. The next memory he had was of being in hospital. He denied that he attacked or attempted to rape the complainant.

He disagreed with Ms Walley that the fight in the pub was "a fantasy" . He said he did not know who attacked him or why they did it.

Ms Walley recalled that the evidence from four witnesses was of finding a man with his trousers and boxer shorts around his ankles lying on top of the alleged victim whose face was badly beaten and that these witnesses said they had dragged the man off the woman.

Ms Walley told the accused that the prosecution claimed he was that man to which he replied: "I am not pleading guilty."

He said he was beaten up and that "everything was faked" and added: "I wouldn't do a thing like this."

When Ms Walley put it to him that when gardai arrived at the scene they found him with his trousers and boxer shorts around his ankles and had to help dress him, he replied: "If I was beaten up you could do anything with me."

He said he remembered being arrested in hospital and taken to a garda station where his rights were explained to him but he told the court that he was not aware of what he was saying during interview.

"I was told if I plead guilty everything was going to finish in a positive way. I wasn't aware of what I was saying."

He agreed that he had a translator at the interview and understood what was said to him but he told the court: "I was badly beaten, you saw the pictures. I still have pain, I was afraid of everything."

Ms Walley put it to him that that was "complete fantasy" and he agreed he had not made a complaint to gardai in the two years since he was interviewed.

The hearing continues before Mr Justice Paul Butler and a jury of seven women and five men.