The trial of two men accused of raping and sexually assaulting a woman after kidnapping her while she was on her way to pick her son up from school has collapsed.
Mr Justice Peter Charleton told the jury at the Central Criminal Court that “certain material came to light”, including messages on the complainant’s phone, a message in a “lonely hearts” column and contradictory evidence, during a lengthy application in its absence.
He explained that gardaí and defence were entitled to investigate the phone messages and the alleged advertisement placed by the complainant or her husband.
He said these new disclosures and evidence that only one of the men’s DNA was found on the complainant shortly after the alleged attack where she stated both accused had ejaculated on her, meant that the matter “cannot fairly be tried”.
Two men, aged 47 and 33, had pleaded not guilty to 17 charges of various sexual offences and one each of false imprisonment of the woman on November 6th, 2006.
The younger man denied four charges of rape, two of sexual assault, six charges of aggravated sexual assault, four charges of oral rape by common design and one charge of oral rape.
The second man denied four charges of rape by common design, two charges of sexual assault, four charges of oral rape, six charges of aggravated sexual assault and one charge of oral rape by common design.
Mr Justice Charleton thanked the five women and seven men of the jury for their attention to the trial and discharged them from jury duty for five years.