Man denied rape in Garda interview

A jury in the trial of a Tipperary man accused of raping a woman as she slept in her father’s house after celebrating her 19th birthday has heard that he denied the allegation during Garda interview.

The 26-year-old man has pleaded not guilty at the Central Criminal Court to raping her in Tipperary on November 21, 2004.

Garda Margaret Leahy told prosecuting counsel, Ms Pauline Walley SC (with Mr Garnet Orange BL) that the man told gardai during interview on November 23, 2004 that the woman’s allegations were lies, that she was a "nutcase" and suggested she did not want her boyfriend to find out that they had sex.

He told gardaí that they were both "wide awake" during the time he claims they had consensual sex.

Garda Leahy agreed with defence counsel, Mr Giollaiosa Ó Lideadha SC (with Mr Carl Hanahoe BL), in cross-examination, that the man was interviewed by Detective Garda John Kennedy and that her role was make her "best effort" to take a "memo" of important questions and answers but not to note every word.

She said she was aware that the interviews were being tape recorded and that a transcript of exactly was said had been prepared for the court from the video of interviews. She agreed that where she had noted the words "general chat" in her memo this sometimes referred to several pages of the transcript.

She agreed with Mr Ó Lideadha that the man was cautioned and that he understood he did not have answer any questions but co-operated with gardaí nevertheless.

She agreed with Ms Walley that she had paraphrased "general chat" in her memo but that there was a video of the interview available to all parties and that there was a typed transcript available in court.

The hearing continues before Mr Justice George Bermingham and a jury of six men and six women.