Accused said woman consented to sex

A DONEGAL man accused of raping a neighbour in 1991 claimed to gardai she had consented to sexual intercourse, the Central Criminal…

A DONEGAL man accused of raping a neighbour in 1991 claimed to gardai she had consented to sexual intercourse, the Central Criminal Court has been told.

The accused man also said he did not have sex or interfere with the 29 year old mother of three previously, a Garda sergeant told prosecutor, Mr Edward Comyn SC (with Mr Fergal Foley).

The sergeant denied a suggestion by defence counsel, Mr Gregory Murphy SC (with Mr Peter Nolan), that the final passage of the accused man's statement was written in "Garda speak" and was not in the accused man's own words.

Mr Murphy put it to the witness that his client had been trying to convey that he had not previously sexually assaulted the woman. Counsel said the accused was not denying previous consensual sexual activity with her. The witness denied this.

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The sergeant was giving evidence on the fourth day of the trial of the man, who denies raping and sexually assaulting the woman in his car in a lay by on the night of September 4th, 1991.

The sergeant agreed that in March 1992 and again in September 1995 he took a witness statement from another of the defendant's neighbours. This neighbour claimed to have seen the accused man and the alleged victim together on the night of the incident.

The sergeant said the defendant had called to gardai a number of times and claimed that this witness existed but refused to name him. It took him six months to identify and interview him.

He rejected a claim by Mr Murphy that the alleged witness had earlier called to the Garda station to try and make a statement.

Mr Murphy also put it to the sergeant that the woman approached him and tried to withdraw the rape allegation. Counsel suggested the sergeant got snotty" and threatened her with jail for wasting Garda time.

The sergeant denied this but admitted to a conversation with her at one stage.

The sergeant agreed with Mr Murphy that he had not previously been "friendly" with a sister of the alleged victim. The trial continues.