Friday 19 January 2018

Computer expert convicted of raping two friends after drugging them

Sonya McLean

A COMPUTER expert has been convicted of raping two friends after taking them home and drugging them.

Kapil Garg (34) is originally from India but had been renting a room in a house in Whitefriar Place, Dublin 8, at the time. He has been remanded in custody since the girls first made the allegations in July 2011.

He pleaded not the Central Criminal Court to raping and sexually assaulting the first woman and also denied charges of raping the second woman at his home on July 2, 2011.

The jury of six men and six women returned its verdict following four and half hours of deliberations on day seven of the trial.

Mr Justice Barry White thanked the jurors for their attention during the case and excused them from duty for ten years, before he remanded Garg in continuing custody and adjourned the case to December next for sentence.

The judge also ordered Garg be declared as a sex offender and that victim impact reports be prepared for the sentencing date.

During the trial Garg was described as a “well-educated, well-travelled, cosmopolitan man of the world” who had earned a masters degree in computing in California.

Pauline Walley SC, prosecuting said he was a “very smart manipulative man” who tried to stymie the jury by giving “rambling and confusing answers.”

Ms Walley told the jury in her opening address that it was the State’s case that Garg had given the women a sedative.

The jury heard that the two women had gone back to Garg’s house, having met him outside a nightclub at 3am in the morning, on the understanding that he would give them ecstasy.

They both claimed he gave them half a pill each and the three of them later went into his bedroom after the women started to feel tired.

The first woman had earlier told the jury that she later woke to find Garg having sex with her friend whom she said appeared to be asleep.

She said she tried to wake her friend but was unsuccessful and fell back asleep herself. She then woke lying on her stomach to find Garg sitting on her legs. He digitally penetrated her vagina before he had sex with her.

The woman had told Ms Walley that she pushed herself up on her arms and asked Garg: “What the hell are you doing?” He stopped having sex with her and got up.

She then woke her friend and told her they had to leave but before she left she went into Garg’s flatmate’s room and told the man that Garg had raped her.

The woman contacted gardai while in a taxi on her way home.

Garg admitted that he had sex with both women after giving them a relaxant but claimed that the sex had been consensual.

The court later heard that gardai recovered almost 360 anti-depressant tablets from the man’s apartment which were later sent for analysis.

Amounts of the active ingredient in the drug were found in blood samples taken from both women and experts concluded that the level of the drug was significant enough to have the appropriate medicinal affect.

The court also heard that both women’s blood samples tested positive for the presence of alcohol, with one woman’s being just below the legal limit and the second complainant’s being twice the legal limit.

Dr John Morris a pharmacist with the Irish Medicine Board analysed the drug and found that it was manufactured by a pharmaceutical company in India but was not available in Ireland.

He said this specific anti-depressant had sedating properties and later told the jury that if it was taken along with alcohol the sedation effect would increase.

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