Cousin contacted gardaí because he feared rape-trial accused's safety

A rape trial has heard that a cousin of the accused contacted gardaí because he was worried about the man's welfare after he noticed that his own shotgun and cartridges were missing from his home.

The witness told Ms Pauline Walley SC, prosecuting, that he "thought of the accused" because the man was depressed and was going through his own troubles. "I was worried that he was going to do something to himself with the gun," he said.

He went to the Garda station after he spoke to the 43-year-old accused on the phone and realised he was in the company of his ex-partner.

He later talked to his cousin, with the phone on loudspeaker so the gardaí could listen in their conversation, during which the accused admitted he had hit his ex-partner with the gun.

The accused has pleaded not guilty at the Central Criminal Court to seven charges arising out of the alleged incident in the complainant's Clare home on September 9, 2007.

He denies three charges of rape, anal rape and oral rape of the woman, one charge each of falsely imprisoning and threatening to kill her, aggravated burglary using a single-action shotgun and unlawful possession of a firearm, all on the same occasion.

He has pleaded guilty to one charge of assaulting her on the same occasion, causing her harm.

Sergeant Brian Howard told Ms Walley (with Mr Vincent Heneghan BL) that he took over the phone from the accused's cousin and reassured the man that his and his ex-partner's welfare were priority for the gardaí and confirmed that they would not storm the house.

He also told him that he would give him any assistance, medical or otherwise that he required.

Sgt Howard said he made an agreement with the accused to leave the shot gun in the back of his cousin's car and the man later complied with this.

He then met with the accused and the complainant at the back of her home and arrested him under the Mental Health Act.

He said on the way to the station the accused started to cry and the complainant, who had asked to travel in the patrol car with him, leaned over and held his hand for the rest of the journey.

Sgt Howard said the complainant was injured and appeared to be both frightened and shocked.

He agreed with defence counsel Mr John Phelan SC (with Mr Michael Bowman BL), that it was not normal for an alleged victim to travel in a squad car with her alleged attacker but added; "this was not a normal situation".

He further agreed that the accused received medical attention at the garda station and was later transferred to the acute psychiatric ward in Ennis General Hospital.

The accused's cousin agreed with Mr Phelan that he asked the complainant if she was "ok" while he was on the phone with the accused. He accepted that she made no mention of rape and that she asked him not to involve the gardaí.

He agreed that the accused was "deeply, madly in love" with the complainant.

He further agreed that he and the accused had seen the complainant out earlier that night and confirmed that his cousin was not aggressive at the time but was concerned about the couple's son.

The witness accepted a suggestion from Mr Phelan that the man was right to be concerned about the child.

The hearing continues before Mr Justice Barry White and the jury of five women and seven men.