Doctor denies pulling testicles of rape accused

 

A DOCTOR told the Central Criminal Court a defence allegation that he pulled the testicles of a man accused of abducting and, raping a former prostitute wash "absolutely reprehensible in its' totality of lies".

Both the doctor and the detective in charge of investigating the case have denied the defendant was verbally and physically abused in custody.

Det Sgt James Costello said he had not heard "this rubbish" before it was claimed by the defence on Monday.

He said the defendant's claims, were "a total fabrication". He observed no animosity between the defendant and the doctor in Harcourt Terrace Garda station.

The doctor also said claims he had touched the defendant's back passage during an examination were untrue. Only a visual examination was carried out, at the request of both the defendant and gardai.

Det Sgt Costello said that, in his presence, the defendant's solicitor explained to the defendant that a jury could take an inference from his refusal to give samples for forensic examination. When the doctor said he would be available if the defendant changed his mind, the defendant commented. I wish you had not said that. These men will torture me when you are gone.

The 36 year old defendant has pleaded not guilty to falsely imprisoning a mother of two when she was working as a prostitute on December 29th-30th, 1994, and raping and sexually assaulting her in the Wicklow Mountains.

Earlier, defence counsel, Mr Blaise O'Carroll SC (with Mr Garnet Orange), put the defendant's allegations to Sgt Patrick Tully, who also denied they ever took place.

Mr O'Carroll said his client would also allege forensic samples were taken forcefully from his body in Cork's Mayfield Garda station, despite his refusal to provide the samples. All these allegations were rejected point by point by Sgt Tully.

Earlier, the jury was told the defendant's solicitor had declared himself fully satisfied with the conduct of an identity parade at which the defendant was picked out by the alleged victim.

There were 16 other men in the parade.

Sgt John Leonard said the woman told him as soon as she entered the room, "He is here, I'm afraid".

He asked her to go down the line and put her hand on the shoulder of the man she claimed was one of her attackers and she picked out the defendant.

Sgt Leonard told Mr O'Carroll he was unaware the defendant was a traveller until he spoke to him afterwards.

He was dressed clean, neat and tidy and, if he had put travellers on the parade, the defendant "would have stuck out like a sore thumb".

The defendant didn't say the identity parade was a joke. "All he said was it should have been held without him being on it," said Sgt Leonard.

The trial before Mr Justice Moriarty and a jury continues.