A MAN on trial accused of raping a woman in a Dublin hotel bathroom has claimed in evidence that he hit her twice after she attacked him with a wine bottle but denied he raped or sexually assaulted her.
The 54-year-old man said the complainant was “unhappy” when she woke to find him and her friend “kissing and cuddling” on the other bed and on being struck he retaliated “in anger”.
He told his defence counsel, Conor Devally SC: “I am totally ashamed of what I have done.” He also claimed on day nine of his trial at the Central Criminal Court that it was “a figure of speech” when he said he would kill her for hitting him.
He has pleaded not guilty to rape, oral rape and sexual assault of the woman, whom he had met that night in a pub, on March 20th, 2007. He has also pleaded not guilty to threatening to kill her and threatening her that he would kill her friend. He has pleaded guilty to assaulting the woman causing her harm.
The trial continues before Mr Justice George Birmingham and a jury of five men and seven women.
The accused told Mr Devally he met the alleged victim in the smoking area of a Temple Bar pub and her friend later joined them.
He said the three of them were in a “party mood” and they were “kissing and dancing”. He said he had “a fair few drinks” and was “merrily happy” and recalled being sick once in the pub toilet.
He told Mr Devally that at the end of the night it was suggested to him to come back to the hotel room with a bottle of wine. He bought wine and the three linked arms on the way back to the hotel.
The accused said he was sitting on a bed with the complainant while her friend took off her jeans, changed her top and lay on the other bed watching television.
When the complainant said she was going to bed he moved to a chair and she took off her jeans, got into bed and fell asleep. He said after about 10 minutes her friend invited him to lie on the bed beside her and despite feeling “uncomfortable”, he stripped to his boxer shorts and T-shirt and lay beside her. He told Mr Devally they were “kissing, cuddling, playful stuff, nothing sexual”.
The complainant was “unhappy” when she woke and there was an altercation between the women, including hair pulling. He got up to part them and the complainant struck him on the ankle with a wine bottle. He told Mr Devally “it really hurt” and he hit her, causing her to fall.
He said there were “words between the women” while he went to the bathroom to get dressed. He was then struck from behind with a wine bottle and “in anger” he turned and punched the alleged victim in the nose.
He said after he left he saw a door, went inside and fell asleep until gardaí found him.