Prosecution case closes in trial of man accused of orally raping his brother

The prosecution case has closed in the trial of a Dublin man accused of orally raping his younger brother.

The accused man (36), who cannot be named for legal reasons, is accused of orally raping his then 11-year-old younger brother and beating him “nearly every day” until his brother left the family home when he was 16.

The Central Criminal Court has heard that the man is alleged to have once put the barrel of a loaded shotgun in his younger brother's mouth.

During the trial, the jury has heard evidence that while being interviewed by gardaí, the accused man said it was “a possibility” he had gotten his brother to give him “head” and that if he had done it then he was “out of his head” or drunk at the time.

The jury heard that the accused man went on to tell gardai­that his brother “probably gave me a bit of head”.

The accused has pleaded not guilty to 10 sample counts of oral rape at the family home in Dublin on dates between March 28th, 2001 and March 27th, 2006.

He has also pleaded not guilty to seven counts of assault causing harm and one count of production of an article to unlawfully intimidate at the same address during the same period.

In his closing speech to the jury on Wednesday Paul Carroll SC, prosecuting, said that the prosecution says that the memo of interview with the accused affirms the allegations of the complainant and that “it is in effect admissions” by the accused.

Mr Carroll said that when their father was gone, the accused man was "the boss" and he was "going to lay down the law". He said the accused accepted he committed violence while being questioned and then said he only did "what was done onto him" by his father.

He said the issue at the heart of the assault charges was whether the complainant and his siblings who gave evidence are “exaggerating” regarding the violence.

In her closing speech to the jury, Kathleen Leader SC, defending, said there was no explanation for the long delay before the alleged offences were reported. She said there was no suggestion that the complainant was under her client’s control or had no support.

Ms Leader said there was nothing outside of the "bare allegations" that can be used to support the testimony. She said the allegations come from someone who is known to have lied to gardaí in the past by giving false details.

She asked the jury how reliable her client’s statement to gardaí was coming after protracted questioning, repeated denials, a long day and his taking various medications.

The trial continues on Thursday before Justice Michael White when the jury is expected to begin their deliberations.