Man accused in gang rape trial told gardaí the woman 'had fun' with him and others

ireland
Man Accused In Gang Rape Trial Told Gardaí The Woman 'Had Fun' With Him And Others
Three men, aged between 34 and 42, with addresses in Dublin and Wicklow, have pleaded not guilty to a total of seven counts of rape, oral rape, and sexual assault of the woman. Photo: PA
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Eimear Dodd

A man accused of the rape of a woman he met at a nightclub told gardaí that he knows “through the night she had fun” with him and two other accused men.

The three men, aged between 34 and 42, with addresses in Dublin and Wicklow, have pleaded not guilty to a total of seven counts of rape, oral rape, and sexual assault of the woman at an unknown location in a car and in a Dublin house on August 31st, 2019.

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The men, who cannot be named for legal reasons, deny any wrongdoing.

Memos of garda interviews with the second accused man in September 2020 were read to the Central Criminal Court jury by Diana Stuart, BL, prosecuting.

This 42-year-old man, with an address in Wicklow, has pleaded not guilty to one count of raping the woman in the car and one count of raping her in the house.

On Tuesday, the court was shown two video clips recorded by the third man on August 31st, 2019 which were later recovered from the phone of the first accused.

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Nothing is visible in either clip, but a female voice says 'no' several times during a 30-second clip.

In interview memos read on Wednesday, the second accused told gardaí that the woman was refusing the first man's request for anal sex in this clip.

He said his friend asked again “in a cheeky way” and after the woman refused, he told him “if it's a no, it's a no”.

In his third interview, the man said the woman was saying 'no' to removing her top. He suggested this video was recorded in the car while he was having sex with the woman.

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When asked if the woman sounded sleepy or drowsy, he replied “I think she sounds sexual, either the way she’s in the middle of a sexual act whether with me or [the first accused]”

Gardaí then put to him that the woman was saying 'no' to being raped. “No, she was never raped,” he replied. When gardaí suggested again that the audio is of an intoxicated woman saying no to rape, he said “I didn’t rape anyone".

The man suggested there could be another video, which had been recorded in the first man's bedroom.

Gardaí put to him that the 30-second clip was recorded in a car and that they “all got stories straight and planned what you would say occurred on the night. You’ve been caught out in this video and concocted a story in the bedroom where she said ‘no’” and changed his story “on the fly”.

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The man said another video was recorded in the bedroom.

When gardaí put to him that the clips record him and the other accused raping the woman, he said “she was never forced, [she] was never raped".

The court heard three phones were seized from the man when his home was searched in December 2019, and a further phone was seized after his interview in September 2020.

During cross-examination, the garda witness agreed with Garret Baker SC, defending the second accused, that it is standard practice for an accused person to be asked for a “sterile” account, then for any evidence to be put to them for comment.

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Mr Baker suggested his client was confused about where the videos were recorded and could not hear all the audio, which led to the suggestion of a third video.

The garda disagreed. During re-examination, he told Ms Stuart that efforts are made to ensure an accused person can hear evidence during an interview. He said neither the man nor his solicitor raised concerns that they couldn't hear the audio.

The court heard gardaí did not find a third video.

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The first man, aged 39 with an address in Dublin, has pleaded not guilty to one count of raping the woman at his home address and not guilty to one count of oral rape and one count of sexually assaulting her in a car.

The third man, aged 34 with an address in Dublin, has pleaded not guilty to orally raping the woman in the house and sexually assaulting her in the car.

The trial continues.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.

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