Thursday 21 November 2019

Man accused of rape and child abduction tells court his confessions were ‘made up’

Jessica Magee

A man accused of abducting a mother and child and raping the woman said his later confessions were “made up” and consisted of “wild allegations” that “didn't even make sense.”

The 42-year-old has pleaded not guilty at the Central Criminal Court to two counts of sexual assault, two counts of rape with a make-up pen, attempted vaginal and anal rape, oral rape and aggravated sexual assault between February 12 and 13, 2010 in a Dublin city apartment.

He also denies child abduction, threats to kill or cause serious harm, false imprisonment, stealing a bank card and stealing cash from two ATMs.

Under cross examination by Dominic McGinn SC, prosecuting, the accused denied that he had told gardaí the truth during a series of video-taped interviews in the days following the incident and said he had been “off his head” on drink and drugs.

“The stuff I said on tape doesn't make sense. I have admitted to vaginal rape but you haven't even charged me for it. If that was an open frank confession as you're trying to portray to the jury, then I would have been charged with six counts of vaginal rape,” said the accused, who also challenged the prosecution to “stand over” the content of the tapes.

“You haven't prosecuted me for it. You yourself don't believe it's true. You and the DPP can't stand over these videotapes,” said the accused.

“It's made up, in a sense. Part of it is. Or else it was stuff that was said to me. I can't tell you why I said them, I just can't remember,” he said.

The accused said he started taking the head shop drug mephedrone straight away on the night of the February 14, 2010 before and after his arrest.

“I had two half-gram packets in the pocket of my jeans,” said the accused, who could not explain why gardaí had failed to find the drugs when they had searched him.

He said he continued to take drugs while in garda custody, but that he couldn't remember whether he had stored them in his rectum and where he had found a clean surface in his cell to snort the powder.

“I was taking little bits at a time, that's why I was always looking for a break, a break, a break during the interviews. I was always looking for the toilet. It's a known fact that I was on drugs, even the doctor said I was hallucinating,” he said.

The accused said he didn't know why he told gardaí that he wasn't taking drugs, as they were not illegal, or why he told gardaí he had had two glasses of white wine.

“I'd had a lot more than that, I'd had about 22. You could smell the drink off me,” he said, adding that in terms of intoxication, he was about 5 or 6 on a scale of 10.

The accused could not explain why during the garda interviews he seemed to be able to remember certain facts with great clarity, including the details of his flight ticket to London scheduled for the morning after the incident, which he never boarded.

He said that during his time in garda custody, people were telling him constantly “what to do, what to say. The whole scenario was put to me. All these things were put to me. In the yard, in the doctor's room, in the corridor, all the time,” he said.

The jury was shown an extract from a videotaped interview in which gardaí asked the accused whether he had used any sex toys during the alleged assault.

“It wasn't a biro, it was a make-up pen, it was skinny make-up. I think it was bronze or gold, goldish,” he said in the tape.

When asked by counsel why he was the first person to have mentioned the gold make-up, the accused said “You're running with that because it was the only thing that contained both of our DNA.”

The trial continues before Mr Justice Patrick McCarthy and a jury of nine men and three women.

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