Friend of alleged rape victim denies making up story

A friend of an alleged rape victim, has denied that he was “making up a story” while giving evidence.

A 42-year-old man has pleaded not guilty at the Central Criminal Court to raping and sexually assaulting the then 17-year-old girl in a bar in Dublin on July 17, 2009.

It is alleged that the girl was raped in an office after being invited to the bar by the accused along with a male and female friend of hers.

The friend gave evidence to Mr Michael Durack SC, prosecuting, that he had heard the alleged victim shouting and constant banging coming from the office which lasted about 10-15 seconds.

Ms Aileen Donnelly SC, defending, put it to the witness in cross-examination that he was fabricating a story about noise coming from the scene of an alleged rape.

“I have to suggest to you that you’re just making up this story about constant banging and shouting,” said Ms Donnelly.

“No I’m not,” replied the witness.

“You never told gardaí you were outside the door hearing constant banging for 10 to 15 seconds. I suggest to you that you are caught out,” added Ms Donnelly.

“How am I caught out? I’m not doing anything wrong,” the witness answered.

Ms Donnelly suggested the witness was trying to help out his friend and was making things up as he went along. He continued to deny that he was lying.

Ms Donnelly put it to him that it was “a pretty crucial piece of evidence” he was adding in.

“I suggest if you had heard the shouting that would have been one of the first things you would say to the gardaí, I suggest it did not happen”,” said Ms Donnelly.

“I suggest it did,” the witness answered.

Ms Donnelly also put it to the witness that he told gardaí the girl was capable of defending herself.

“You’re the person who told gardaí that she was good with her fists and you told gardaí you didn’t know why she wasn’t fighting back,” Ms Donnelly put it to him.

The witness replied: “Yeah”.

Garda Mark Ronan agreed with Ms Donnelly under cross examination that it was put to the accused in a garda interview that one of the girls said he had tried to kiss her on the way to the bar but he denied this.

Ms Donnelly said the accused firmly denied to gardai that he had sex with anyone in the office, even though he was advised by them there would be forensic testing which could prove otherwise.

Ms Donnelly put it to Gda Ronan that the accused was not advised of his rights or aware of why he was arrested and detained and never asked if he wanted to see a solicitor.

Garda Ronan agreed he had not been offered a solicitor by him in any of the interviews.

In a videotaped interview played to the court, the accused denied he went to the office with the girl alone.

The accused asked for water then proceeded to lie down on the ground of the interview room and begin to groan complaining he was dizzy. He was then offered a doctor.

Ms Donnelly put it to Gda Ronan that the accused then asked for a rest and a doctor came to see him and prescribed him something.

Gda Ronan agreed the gardaí were advised by the doctor to let him rest and that he would not be fit for interview for another 25 minutes.

Ms Donnelly put it to Gda Ronan that the accused “denied quite trenchantly that his penis was put in her vagina” saying he said: “That is completely, completely wrong”.

Gda Ronan answered: “That is correct.”

The trial continues before Mr Justice John Edwards and a jury of eight men and four women.