Friend of alleged rape victim saw her kissing accused, court hears

A Kerry man told gardaí he had sex with an Australian tourist but denied raping her, a jury has heard.

The Central Criminal Court trial also heard evidence via video link from Australia that a friend of the woman saw her kissing the accused before the alleged rape.

The 25-year-old accused has pleaded not guilty to rape and four counts of sexual assault on the woman in Kerry on July 8, 2009. As well as the rape, he is accused of trying to have anal sex with her and other acts.

Garda Chris Manton told prosecuting counsel, Ms Pauline Walley SC, that the accused was arrested several months after the allegations were made and was interviewed twice.

He said he had got talking to the woman in a local pub and walked with her and her group back to their hostel. He and the woman then walked on alone to a green area and were holding hands, hugging and chatting.

He claimed that while kissing her they both fell down an embankment and into a ditch. He said they then had sex and that it was fully consensual. He denied that she ever told him to stop or tried to fight him off.

He told gardaí that after the sex had finished she became worried about getting back to her hostel before it was locked up for the night and he assumed he was going to walk her back.

He said he was very surprised when she ran off and flagged down a taxi and that this was the last time her saw her. He denied a suggestion that he was seen running the other way down the road by the woman and the taxi driver. He said he was walking down the road and trying to call his friend to come pick him up.

Gda Manton agreed with defence counsel, Mr Anthony Sammon SC, that the accused answered all questions and never used his right to silence. The garda further agreed that he had no previous convictions and had never come to garda attention before this.

A friend of the alleged victim gave evidence from Australia that she walked back to the hostel in the company of the pair and at one point saw them kissing.

She said that when she woke up at 5am the next morning, her friend was in the other bed and “her good jeans” had been thrown in the bin. She said later in the morning the woman seemed quiet, reserved and “looked very upset.”

The trial continues before Mr Justice Barry White and a jury of eight women and four men.