A Cork man on trial for raping his sister approximately 45 years ago said he had just met the love of his life at that time and there was no way he was going out on dates with her and then coming home to do horrific things to his young sister.
When asked today about allegedly telling his brother – when the rape allegations were made in 2018 – that it was touching and feeling and experimenting but no sexual intercourse, he said he never had that conversation with his brother. And he referred to the fact that his brother made a second statement last week in which he denied ever attributing such comments to the defendant when questioned by gardaí two years ago.
The accused man said of this brother today when asked about trusting him, “He can change with the wind and jump sides at the drop of a hat. He has done that all his life.”
The accused testified today that he did not discuss this case in a conversation with his brother as soon as he was questioned by the gardaí. The defendant’s brother gave a statement to gardaí that the two men did discuss it that day. But last week during this trial the witness made a second statement saying that the lines about his brother admitting touching and feeling, using a blindfold and experimenting with his sister were never mentioned in the course of his statement to gardaí.
However, prosecution senior counsel Tom Creed went through the defendant’s brother’s first statement to gardaí and cross-examined the defendant about the allegations today.
Mr Creed said the defendant’s brother said that the defendant mentioned the use of a blindfold and would not have known this unless the defendant told him. “I did not tell him,” the defendant said today.
Mr Creed SC said the defendant’s brother first stated to gardaí that the defendant told him, “He never had intercourse with (sister’s name) from what he could remember.”
The defendant replied, “He also said in his second statement that he did not say that.”
Mr Creed continued reading from the brother’s statement, “From what he (the defendant) could remember it was all touching and feeling.”
Mr Creed asked the defendant today, “Where would he have got that from?” The defendant replied, “I don’t know, he didn’t get if from me.”
Mr Creed said that everything the complainant said was true – about the defendant putting his penis in her vagina, in her mouth and in her anus and touching her vagina with his fingers.
The defendant said, “There is no way I was going out with (girlfriend who became his wife) and coming back and doing these horrific things. It never happened. It has appalled and shocked me to hear these things. They are horrific things to be saying but I did not do these things. I have said from the moment I was brought in to the guards, I have told the truth, I did not do these things… From day one I said I did not do any of this.”
When defence senior counsel Siobhán Lankford went through the five counts of rape and 28 counts of indecent assault over a three-year period in the 1970s with the defendant, he replied, “Never happened… I don’t know where I would have found time because it was a very busy house. I could not see it happening.”
Earlier today, the defendant’s brother said towards the end of his lengthy evidence, “All our lives (his sister, the complainant) takes bits of other people’s lives and makes them her own and convinces herself it happened to her.”
The trial continues before Ms Justice Mary Rose Gearty and a jury of eight men and four women where the defendant denies five counts of raping her and 28 counts of indecent assault.
The defendant is five years older than the complainant. She said she had just made her Confirmation when the alleged abuse began.