Brother denies sister's allegation of 'being a serial rapist' in Cork trial

Defence senior counsel asked the jury: "Is she the kind of person who would hold something back in light of her performance in the witness box?” 

The man faces a total of 19 counts of rape, one count of anal rape, one count of oral rape and four sexual assaults after three of the rape charges were withdrawn at the Central Criminal Court sitting in Cork. File photo

The prosecution reminded the jury in the closing speech of a trial that the woman had given evidence of being raped as a child by her older brother almost on a daily basis for three years.

The defence said the accused admitted a certain amount of sexual activity but pleaded not guilty to all charges when faced with allegations of being “a serial rapist”.

The defendant pleaded not guilty to all 28 counts on the indictment when the trial commenced. At the close of the prosecution case Siobhán Lankford SC said three of the rape charges were being withdrawn. 

That leaves a total of 19 counts of rape, one count of anal rape, one count of oral rape and four sexual assaults before Ms Justice Deirdre Murphy and a jury of nine men and three women at the Central Criminal Court sitting in Cork. The charges relate to a period from November 1995 to November 1998 when she was nine to 12 and he was 15 to 18.

Ms Lankford SC said it was for the jury to consider if the complainant was credible and what her demeanour was and if her account was shaken under cross-examination.

She reminded the jury of the complainant’s evidence that “these things were happening almost on a daily basis.” 

The prosecution senior counsel referred the jury to the evidence from an older sister of both parties who said that on a night when her sister was 11 and her brother 17 in May 1998, she heard the complainant shout and she went to the room and found the door was locked. She said her brother was in the room and that he said he too heard the scream and got into the room by a balcony through her bedroom window. The witness said her brother then left the house and drove away.

Ms Lankford said that while it was not evidence of seeing an alleged sexual incident it was relevant that she said he had a car at the time.

Defence senior counsel, Blaise O’Carroll, said on behalf of the accused: “He admitted there was sexual contact between him and (the complainant) out of his own mouth. This was his initial reaction back in 2004 when she makes this allegation.

“He does the honourable thing by admitting to his mum there was stuff going on between (complainant’s name) and himself.

“But now the horrendous allegations in the indictment – you are now being asked by the prosecution to say the complainant is reliable.

What does he do when faced with multi-faceted rape accusations? He said this is not what was going on. Faced with allegations about being a serial rapist, what would you expect him to do other than plead not guilty?

“She was asked to become a bridesmaid when he (defendant) was getting married and she said she went along with it for a quiet life. Did you get the impression in the witness box that she was a wilting willow and would not react? If all this horrendous stuff had happened would she meekly say I have to look after the family and keep everything hunky-dory? 

"Does it have the ring of truth about it? Is she the kind of person who would hold something back in light of her performance in the witness box?” 

Ms Justice Murphy said to the jury: “The fact is that abuse is admitted, what is at issue is the nature of the abuse and the timing of the abuse.” The jury will continue their deliberations on the 25 charges tomorrow.