The friend of a Donegal man accused of raping a teenage girl two years ago told a Central Criminal Court jury that he heard the complainant ask the man to be “f**k buddies” after the alleged attack.
The 23-year-old accused has pleaded not guilty to rape of the then 15-year-old girl on a date in February 2008.
The witness told prosecuting counsel, Mr Conor Devally SC, that on the night of the alleged incident he got a text on his phone to ask if he was coming to meet a girl he had been seeing. He said he and the accused, who was driving his car, went to school grounds to meet the girl where she was drinking with two friends.
He said the three girls got into the back seat of the car and when he got out of the car to speak to someone, the complainant moved into the front passenger seat beside the accused and when he returned he got into rear.
He said they then drove to another town where they got alcohol and the girl he was seeing went to the toilet. He said she then got a call from her mother and they left her off near her home.
He told Mr Devally he saw the alleged victim lean over and kiss the accused man around this time.
He said the complainant asked him (witness) if the car had to go home with him and he said it did.
Witness said that he got out of the car with the complainant’s friend because he “knew they wanted to be alone.” He said the accused drove off and he waited with the girl until his friend and the complainant came back about 15 minutes later.
He said he did not notice anything on their return and said they both seemed “happy enough.”
He said on the way to drop the girls off in the centre of the town he heard the alleged victim ask the accused if they wanted to be “f**k buddies.”
The man agreed with defence counsel, Mr Peter Nolan BL (with Mr David Goldberg SC), that he and the accused drove to the school grounds on foot of receiving a text message from the girl he was seeing and when asked by Mr Nolan if anyone wished to see the accused that night he replied the complainant did.
He agreed that the mood in the car as they drove to get more alcohol was “happy” and “good.”
The man said after the mother of the girl he was seeing called to say she should go home, he got out of the car with her to get some “fresh air” and sober up. He said as they got back into the car the alleged victim leaned over and “French kissed” the accused for about 20 seconds.
He said the girl told the accused: “I thought you were not going to make the first move so I thought I would.”
He told Mr Nolan that after they dropped the girl he was seeing home and the alleged victim asked him did the car have to go home with him, he believed she wanted to leave him home and stay in the car.
He agreed he got out of the car with the other girl and said he had a “fair idea” why they wanted the car. He replied “to have sex” when asked by Mr Nolan what he believed the reason was.
He agreed with Mr Nolan that it was instigated by the complainant and was not the accused mans suggestion.
He said he heard the girl ask the accused if they wanted to be “f**k buddies” on the way back to the town and said this was when people who were not in a relationship met up for sex.
He said the accused “just laughed” when she said this and as she was getting out of the car the accused told her he would give her a text.
He said she was not in hurry to get out of the car and did not run for help but got out as a normal person would. He said he went home and did not think that there would be any complaint made by the girl.
The trial continues before Mr Justice George Birmingham and a jury of seven men and five