DNA extracted from rape victim matched that of accused, court told

A forensic scientist has told a Central Criminal Court jury that DNA extracted from semen found in an alleged rape victim matched that of the Wexford man accused of the crime.

The 25-year-old man has pleaded not guilty to two counts of rape and one of anal rape of the woman at her Waterford home on August 31, 2006. His 22-year-old co-accused denies raping her on the same occasion.

Earlier, the complainant a mother of one, told the jury that the men forced their way into her home and took turns to rape her as she was restrained by a rope around her neck.

Doctor Maureen Smith, a forensic scientist with the Department of Justice, Equality and Law reform told Mr

Thomas Creed SC (with Ms Cathleen Noctor BL), prosecuting, that she generated a DNA profile from swabs taken from the complainant during a sexual assault examination and compared this with a DNA profile generated from samples taken from the 25-year-old accused.

She said the DNA in each sample matched and that there was a one in 1,000 million chance that someone, unrelated to the accused, would have the same DNA profile. She added that the chance that a brother of the accused would have the same DNA was one in 17,000.

Dr Smith said that DNA extracted from a semen stain on a child's pair of tights matched that of both accused.

She told the jury that the chances that someone unrelated to the 25-year-old accused would have the same DNA profile was again one in 1,000 million, while the chances that someone unrelated to the 22-year-old accused had the same profile was one in 40,0000.

She said the reason the figure was lower for the 22-year-old accused was because all 20 "elements" of DNA that are used in DNA profiling were not present and his co-accused's DNA was more dominant.

She said that when she compared DNA taken from cigarette butts found in the apartment block with that of both accused, the results were incomplete but she could not link the 22-year-old accused to them.

Dr Smith also compared skin samples taken from a rope, which the complainant alleged was tied around her neck by each accused while the other raped her.

She said that DNA from more than two people were found in these samples and stated that they matched that of the complainant herself and her partner.

Dr Smith said after comparing the DNA of three other men, named in court as Mr A, B and C, to the swabs taken from the complainant, the semen stain found on the tights and the skin samples taken from the rope, she was able to eliminate them as suspects.

Sergeant Patrick Redmond told Ms Noctor that the complainant pointed out the 22-year-old accused to gardai in an identification parade at Waterford Garda Station. When asked by gardaí if she was sure it was him, she replied "yes".

He said the 22-year-old accused had told gardaí as he was being brought into the conference room that he was not willing to co-operate with the identification parade and he said when the complainant came into the room he was going to put his hands up.

The hearing continues before Mr Justice George Bermingham who has asked the jury of seven men and five women.