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ONE OF SEVEN men accused of sexually abusing a female relative admitted to gardaí that he had sex with his niece on a number of occasions when she was around 20, saying: “I know I’ve done wrong.”
The 48-year-old man, who is the woman’s uncle, told gardaí he was drunk and that the woman, who is deaf, didn’t make any sign to him to stop.
Seven men, aged between 32 and 55, are on trial in relation to a combined total of 103 charges against them – of which 98 counts pertain to the main complainant. They are her four younger brothers and three uncles.
They are accused of sexually abusing her at various stages over a 17-year period between 1996 and 2013 and deny any wrongdoing.
One of the men is further accused of sexually abusing two of his younger sisters, who are also sisters of the main complainant.
None of the parties involved can be named for legal reasons.
Today, Ms Justice Caroline Biggs told the jury the trial is moving to a new stage as the prosecution had provided them with all the evidence they intend to rely upon.
She said it is normal at this stage of a trial that legal issues arise and that this would be a “fairly lengthy stage for me and me alone”.
She noted that there are multiple legal issues that the court would be required to make legal rulings on before the trial could move to the next stage when the jury will again be present.
She asked jurors to be available from 20 April, adding that it is unlikely they will be ready by that date, “but we will have a better idea of how much time will be required and we’ll be able to contact you and say when we will need you”.
The judge told jurors that the defence have the option to call evidence after the legal rulings and generally if this happens during a trial, it is far shorter than the prosecution case.
She said there would then be closing speeches on behalf of all the parties and the judge’s charge, including a summary of the evidence heard.
“We’ve a bit to go, but the heavy lifting is done in terms of evidence received,” she said.
She apologised that “this has gone on longer than anticipated” and told jurors to “put this to the back of your mind” as the trial is not at the stage of deliberations. “Have a good Easter and we will see you afterwards.”
Earlier, Roisin Lacey SC, prosecuting, continued to read memos of garda interviews with the main complainant’s uncle, referred to in reporting of the case as Accused B.
This man, aged 48, is accused of eight counts comprising rape, oral rape and anal rape of the complainant on dates between December 2008 and December 2010.
He told gardaí that he had sex with the main complainant on five occasions over an approximate 10-month period when she was about 20 years old. He said he was drunk and asked the woman by thrusting his hips back and forth, then they had sex.
He said the woman didn’t say stop or make any other sign.
When asked by gardaí what indicated to him that the woman wanted to have sex, he replied: “I don’t know, just me being stupid fucking drunk”.
He said he later realised what he’d done was wrong and that he shouldn’t have gone near the woman, as she is his niece. He agreed when gardaí asked if he now accepted that the woman did not want to have sex with him.
He also accepted a suggestion from gardaí that the woman was vulnerable and someone who may not have been aware what was happening was wrong. When asked what he was thinking now, the man said: “I’m a fucking eejit”.
When asked why he initially denied having sex with his niece, he told gardaí he was nervous and had never been arrested before.
Gardaí asked him if he believed the woman consented to sex. “She didn’t back away. She didn’t push me away,” he said.
Gardaí then asked if they were two consenting adults, why was he worried. He said: “I know I’ve done wrong”, adding that the woman was his niece.
He said he didn’t know how it started. “It’s all drinking, I don’t want to drink. I don’t know what I’m doing while drinking”.
He said he hadn’t heard of others having sex with the woman. He also denied having anal sex with the complainant.
The trial continues.
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