A rape trial has been unexpectedly abandoned during its final stages in the Central Criminal Court.
A second application seeking an order to prevent the trial proceeding again was adjourned by Mr Justice Smith for hearing before another judge next Thursday.
The 25-year-old defendant from Dublin had pleaded not guilty during the three-day trial to raping a woman, then aged 20, in his car early on September 15th, 1996. He was remanded on bail.
Mr Anthony Sammon SC, defending, applied to stop the case after Mr Gregory Murphy SC, prosecuting, had completed his closing speech to the jury. Granting Mr Sammon's application for a discharge of the jury, Mr Justice Smith agreed Mr Murphy had given incorrect information on one aspect during his address. "It is quite clear to me the submission of Mr Murphy to the jury was incorrect and I have no doubt in my mind that it was given with the intention of misleading the jury," the judge said during legal argument in the jury's absence.
When the jury was recalled, the judge said such was the error in counsel's address that an injustice could be done if the trial continued.
Mr Justice Smith said Mr Murphy had submitted that the defendant had not denied the rape allegation at the first opportunity when approached by gardai. However, the judge said that a Garda sergeant's statement - which had not been put before the jury - disclosed that the defendant had replied: "That's not true" when first told of the woman's claim.
At the start of the case both prosecution and defence counsel informed the judge that it had been agreed a number of witnesses, including the sergeant, would not be required.
Mr Sammon said his client admitted owning both the car and a cloth found in it and that the woman had been in the vehicle at the time in question. The issue was whether she had consented to sexual intercourse or whether she had been raped.
The woman said she had fancied the defendant and had kissed him when they met early in the morning. He said he was driving to Islandbridge to get food and she agreed to accompany him. He stopped his car in a secluded area and she consented to further kissing and fondling. When she refused to perform oral sex, he raped her. As she left afterwards, he told her not to tell anyone what happened, she claimed.
The defendant said she had consented to sex. When she was leaving the car, she asked him not to tell anyone and he agreed. He was shocked when approached by gardai later.