NOTE: SOME CONTENT MAY OFFEND
The trial of a Donegal man accused of raping his ex-partner has reached its closing stages at the Central Criminal Court.
Earlier the complainant denied under cross-examination that she cut her own knickers with a blade to allege her ex-partner ripped them off while raping her.
Mr Brendan Grehan SC, defending, put it to the woman that she didn’t tell the jury her knickers had been “ripped” off her in two pieces as had been “a big part of the narrative” in her first three statements.
He put it to her that she stopped giving the ripped pants account by her fourth statement because the forensic report came back from the lab at this point and revealed they had been cut “mechanically” with a blade, then torn the rest of the way.
The woman replied that she’d described her pants to the jury as being “just a band” when she pulled them up to her waist after the alleged incident, which would suggest they had been ripped.
She said the mechanical cut could have happened on the washing line, in the washing machine or by jewellery either she or the accused may have worn on the night.
The man has pleaded not (NOT) guilty to raping the now 26-year-old woman in the county on July 1, 2004.
The woman agreed she’d never suggested her ex-partner used a knife or scissors during the incident
Mr Grehan suggested that if this was so there could have been “no other person” to cut the pants but the complainant, saying: “Do you not agree it’s very powerful evidence when someone who claims they’ve been raped presents their panties in two pieces.”
The woman denied she cut the knickers, reiterating that it could have happened in a number of scenarios.
Mr Grehan put it to her that she gave the first account of his client “kneeling” on her arms in the witness box and that this had not appeared in any of her 12 statement in the six years since the alleged incident.
The woman said she didn’t know why she left this out when counsel suggested it was “curious” she’d dropped the ripped pants detail and put in his client kneeling on her arms.
Mr Grehan asked the woman why she only mentioned “bruises” on her leg from the alleged incident in a statement made on March 16.
The woman explained she was asked had she a bruise, that she’d agreed because she remembered the doctor finding a bruise, but that she hadn’t written the statement herself.
She agreed the accused was a regular visitor to her home in the month after the incident and days before he was charged with rape but said it was a mistake to let him back into her life.
The woman said she didn’t tell her parents about it because she’d felt embarrassed and ashamed for letting him manipulate her.
She said she told her ex-partner she would drop the charges but explained this was out of fear.
She agreed she sat smoking and chatting with the accused for over three hours before the alleged incident but denied she’d let him in or that he’d gone upstairs to see his child.
She denied she had consensual sex with her ex-partner.
Mr Grehan also put it to her that there was no sign of disturbance or, on her account, a violent struggle taking place in the two foot gap between living room furniture.
The woman agreed nothing was touched during the struggle.
The trial continues before Mr Justice Barry White and a jury of six men and six women.
