A CONSULTANT psychiatrist who treated an 86-year-old woman that a Monaghan man is accused of raping in her home, has told a Central Criminal Court jury that she has Alzheimer’s disease and is unable to give evidence.
Tom O’Connell SC, prosecuting, read the jury a deposition given by the complainant at a District Court hearing of the case in October 2008 in which the woman said she “suffered an awful lot” during the alleged rape and did not fight her attacker because “he could have kicked or battered me”. The woman said she would not be able to recognise the man if she saw him again.
The 35-year-old man has pleaded not guilty to raping the woman on June 16th, 2008 and to burglary of her home with intent to steal on the same occasion.
The trial continues before Mr Justice George Birmingham and a jury of four women and eight men.
Mr O’Connell told the jury that a deposition was when a witness came into court and a record was kept of the evidence they gave, it was read back to them and they signed it.
He said legislation provided that if a witness was unable to attend at a trial the deposition may be read if certain conditions were satisfied.
The woman said she “suffered an awful lot” during the attack and that she was afraid.
She said the man came back in the afternoon but she closed the door on him. She said she cried for about three hours before calling her neighbour. Gardaí were alerted and she was seen by a doctor.
The woman said she would not be able to recognise the man if she saw him again. She said her memory was very good on some things but not so good on other things.
Earlier the psychiatrist told Mr O’Connell that he first began treating the woman in March 2006 when she was referred to him by her doctor for assessment with a history of forgetfulness and confusion.
He said his conclusion following extensive testing was that the woman was suffering from Alzheimer’s.
Witness said he saw the woman again following the alleged attack in June 2008 and she did not mention the events until he asked her did she remember anyone breaking in.
He told Mr O’Connell: “In my view because of her dementia, she is not fit to give evidence in court about an event that occurred 11 months ago.”
Witness agreed with defence counsel Patrick MacEntee SC that there had been a “significant decline” in the woman’s condition over time.
He said he did not consider that she had ever lied to him or that she was suffering from delusions.