Wednesday 21 February 2018

Charges against one of two men accused of raping woman after Jason Derulo concert have been dropped

The Criminal Courts of Justice in Dublin
The Criminal Courts of Justice in Dublin

Declan Brennan and Sarah-Jane Murphy

Charges against one of two men accused of raping a woman after a Jason Derulo concert have been dropped after a judge in the Central Criminal Court ruled there was insufficient evidence against him.

The complainant in this case alleges that the 35-year-old accused, identified as “cap guy”, blocked her from getting off the tour bus. She claims he brought her upstairs, where he raped her while they were “half in, half out of a bunk bed.”

She claimed the 44-year-old defendant, identified as the “larger man”, came over at one point and also raped her.

The woman said she was terrified and asked them to stop, but they didn't. She said she managed to make her escape after a third man came over and said “I'm next.”

The 35-year-old man has pleaded not guilty to rape, oral rape, sexual assault and false imprisonment of the then 19-year-old woman at an unknown location in Cork city on June 27, 2014.

The 44-year-old man had pleaded not guilty to rape and false imprisonment of the woman on the same occasion. The accused men cannot be identified for legal reasons.

The court heard Mr Derulo is not charged with any offence in relation to these events.

After legal argument before trial judge Mr Justice Paul Butler the judge ruled that there was insufficient evidence against the 44-year-old defendant. Following this Tim O'Leary SC, prosecuting, told the court that the DPP was entering a nolle prosequi against this man and Mr Justice Butler said he was free to go.

Earlier in the trial, Sean Guerin SC, who is defending the 35-year-old defendant, said his client accepts he had sex with the complainant but doesn't accept consent was absent.

The trial continues before Mr Justice Butler and a jury of ten men and two women.

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