Louth rape trial hears Garda deleted crime scene photos

A garda in charge of photographing the scene of the alleged rape of an elderly woman accidently deleted the pictures, a court has heard.

The court was told on the first day of the trial today that the Garda Scenes of Crime Examiner “inexplicably” erased the pictures and had to retake them over two weeks later.

The 51-year-old accused is alleged to have raped his 71-year-old aunt at knife-point in a three-hour ordeal in her Louth home.

The accused, who cannot be named to protect the identity of the now 73-year-old woman, pleaded not guilty at the Central Criminal Court to two counts of rape, one of anal rape, sexual assault and sexual assault while armed with a knife on March 13, 2011.

Michael Delaney SC, prosecuting, told the jury it will hear evidence that the man called to his aunt’s house shortly after 7am that morning. It was their second meeting after they had met for the first time earlier that month.

As she had her back to him he allegedly put a knife to her throat, threatened to kill her and pushed her into the sitting room.

Counsel said that the man pushed the woman onto her back, took off her trousers and threatened that he would kill her if she cried for help.

It is alleged that he then raped the woman on the floor before anally raping her. He then pulled her by the hair into the bedroom and orally raped her.

Counsel said the woman will testify that she could not see what the man was doing but described her “backside” as being sore afterwards.

Mr Delaney told the jury it will hear evidence that the man had anal sex with the woman again before he went into the kitchen to get a tub of butter which he then rubbed into the complainant. He had the knife with him throughout Mr Delaney said.

The jury were told the woman will allege her nephew was in the house for three hours.

Counsel said the accused left the house after allegedly warning her not to tell anyone.

The woman immediately called her niece for help who later came to the house with another relative who convinced her to call the gardaí.

Counsel said she was later examined at a sexual assault treatment unit and medical reports concluded there were injuries to the genital area.

Scenes of Crime Examiner, Garda Aidan Hanlon, told the court that he took pictures of the scene on a digital camera. He said he intended to transfer the photographs onto a CD but that they were deleted before this could happen.

He said he assumed that he had already transferred the photos and so deleted them from the camera’s memory card. He said when he realised his mistake he returned to the scene over two weeks later and retook the photographs.

Gda Hanlon told counsel that “from recollection, everything was in pretty much the same position.”

Defence counsel James Dwyer BL put it to the garda that he never took the photos in the first place. The garda disagreed and said he remembers taking them, despite photographing hundreds of crime scenes since.

The trial continues before Mr Justice Garrett Sheehan and jury of six men and six women.