Rape trial hears DNA evidence

A forensic scientist has told a Central Criminal Court jury that DNA found in the bedroom of a woman who alleges she was raped and sexually assaulted by a neighbour matches that of the accused man.

Giving evidence today, Dr Michael Burlington told Mr Conor Devally SC, prosecuting (with Ms Martina Baxter BL), that semen found on the complainant’s night-gown and pillow matched the DNA profile of the accused.

He said that there was a “less than one in one thousand million” chance of an unrelated person having the same profile.

However, Dr Burlington agreed that the odds “tumble significantly” to one-in-27 when considering whether a related person may match the profile.

Dr Burlington told the court that the forensic science laboratory also managed to uncover a minor male DNA profile from blood found on the handle of the hairbrush allegedly used by the accused to rape the complainant.

He said that one part in 22 of a mixed DNA profile was male and that the accused man could not be eliminated as a source of the minor male profile. The major part of the DNA profile belonged to the complainant.

Dr Burlington agreed with Mr Paul Greene SC, defending (with Mr Breffni Gordon BL), that the male profile found on the hairbrush would not have been affected had it been somewhere else prior to being on the handle of the brush, in a phenomenon known as secondary transfer.

He agreed that the tests carried out by the forensic laboratory could not assist as to whether the blood on the handle of the hairbrush came from the vaginal area or elsewhere.

Dr Burlington agreed with Mr Greene that neither the provenance of the minor male profile or when it was deposited on the hairbrush could be determined.

The 32-year-old accused, who cannot be named for legal reasons, has pleaded not guilty to two counts of rape, sexual assault and entering a premises as a trespasser with the intent to commit sexual assault on January 16, 2007.

Giving evidence today, Sergeant Michael Hogan agreed with Mr Greene that when the complainant’s allegations were put to the accused man in interview, he replied: "It never happened, its all lies”.

Sergeant Edward Hand agreed with Mr Devally that the accused man said in a second interview that he never had any sexual contact with the complainant and speculated that she had psychological problems.

When reminded that the complainant had furnished gardaí with an accurate description of the man as her assailant, the man replied that “loads” of people knew him and that he was known up and down the country.

Sergeant Hand agreed that when Dr Burlington’s findings were put to the accused man in a third interview in October 2007, he continued to maintain that he had never been in the complainant’s house.

That man refused to accept that the DNA found on the pillow and nightgown was his and said he had no idea how it came to be there but reasoned that there could be a “host of explanations” as to how it did.

Under cross-examination by Mr Greene, Sergeant Hand accepted the accused man was “very shocked and frightened” by the allegations made against him.

He agreed that he put to the man in interview that the complainant alleged that he took an intimate photograph of her during the assault, an act which the man denied.

Sergeant Hand agreed that a forensic examination of the man’s camera phone found no evidence of a picture of the complainant.

He agreed that the accused man continued to attest to his innocence in the face of strong evidence that he was on the complainant’s premises.

The trial, which has entered its fourth day, continues before Mr Justice Liam McKechnie and a jury of five men and seven women.