Forensic evidence shows no link between rape accused and complainant

Forensic evidence has shown no link was found between a man accused of rape and the complainant, a court has heard.

The 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 restaurant in Dublin on July 17, 2009.

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

The court heard evidence from Inspector Brian Duffy that no forensic link could be determined from samples taken from the accused man.

Insp Duffy told Ms Aileen Donnelly SC, defending, no semen was found after various DNA samples were tested.

The inspector also told Ms Donnelly that the accused had no previous convictions.

The accused took to the stand also to give his version of events denying vehemently that any rape had occurred.

Ms Donnelly directly asked him on the stand: “Did you rape her?” to which he replied “No”.

However, he admitted to watching an adult video in front of the girl in the office but denied stimulating himself in front of her and said he never pulled her trousers down.

“The only thing that happened was the porn and I’m sorry, it was inappropriate,” the accused told Ms Donnelly.

Under cross-examination by Mr Sean Guerin BL, prosecuting, he agreed that neither of the girls had made an advance on him or nothing amorous had happened up to the point of him playing the video to her.

He said that within perhaps as little as 10 minutes of arriving at the restaurant, he was playing the video in front of her.

Mr Guerin said that he had to suggest to the accused that he had a fixed intention of having sex with the girl but the man denied this.

Garda Marion Brennan, attached to the Computer Crime Investigation Unit had earlier given evidence that she was able to establish porn having been watched on the day of the alleged incident.

She said that from the computer she could determine the man googled the word “porn” and clicked on the first result displayed which showed adult pornography.

Gda Brennan said that although a history of sites viewed on a computer may be cleared and not visible to the viewer, it remains on the machine’s temporary internet folder.

The trial continues before Mr Justice John Edwards and a jury of seven women and four men after one juror was discharged.