THE TRIAL of two men accused of raping and sexually assaulting a woman after kidnapping her while she was on the way to pick up her son from school has collapsed at the Central Criminal Court.
Mr Justice Peter Charleton told the jury 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 said that gardaí and the 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, even though she stated both accused had ejaculated on her, meant that the matter “cannot fairly be tried”.
The 47-year-old and 33-year-old men, from Romania, had pleaded not guilty to 17 charges of various sexual offences and one each of false imprisonment of the woman, also from Romania, on November 6th, 2006.
Mr Justice Charleton discharged the jury.