A judge withdrew an assault case from a jury in the Cork Circuit Criminal Court yesterday saying that the State's case was "riddled with inconsistencies".
A 24-year-old woman had told the court she had to fight off her drunken boss's unwanted advances after the two of them had gone for a drink and then returned to the office.
But a caretaker, who drove the woman home, said that she was very drunk and was inclined to fall off the seat of the car. She could not get the key in the front door of her house so he helped her and sat her down in the house. She made no complaint to him about being attacked.
When the case resumed barrister Mr Tim O'Leary, instructed by Mr Kieran McCarthy solicitor, defending, made a submission to the judge in the absence of the jury. He said that the case should be withdrawn from the jury because "no reasonable jury could convict on the evidence before the court." He said that there was a fundamental contradiction in the evidence given by the woman and by the caretaker.
Judge Murphy agreed. He said that the State's evidence was that this woman had a drink and was "very, very drunk", that she suffered a sexual assault bordering on the violent and that she had an opportunity immediately thereafter to make a complaint but had not done so. The judge said he believed that given the contradictions no reasonable jury could convict on the evidence.
The jury were then recalled and the judge told them he was withdrawing the case and instructed that a verdict of not guilty be recorded.