Father said he saw accused man kissing his daughter when she was a child
Waterford Court House.
In Waterford, the trial continues of a man accused of raping and sexually assaulting a child. The man faces 53 charges that range from 1999 to 2005 across various locations in the South East.
Judge Patrick McGrath is presiding over the trial at Waterford Central Criminal Court. Barrister Garnet Orange SC is acting as prosecutor on behalf of the State.
On Wednesday, April 15, the complainant was cross-examined by defence counsel Aidan Doyle SC. Mr Doyle went through a number of different counselling notes spanning 2017 - 2021.
The court heard how the woman contacted Gardaí about her claims in 2022 and spent two days giving her statement.
During the cross-examination, the jury heard that the complainant was allegedly impregnated by the accused. She said that she had suffered a miscarriage.
In multiple counselling notes, the woman appeared to describe "flashbacks" and distorted memories of highly disturbing incidents.
She re-iterated throughout her testimony that her memory of counselling had been severely impacted by trauma and that she was "extremely unwell" at the time.
She said: “I’ve had two mental breakdowns. I can’t say to what I don’t know."
She stated that she ceased contact with one particular counsellor after hearing her notes: “As the notes were read back I was deeply disturbed.”
Mr Doyle referenced a counselling note from 2021 wherein the woman described being forced to undergo a "backstreet abortion" arranged by the accused. The note described the complainant sitting in a car and being handed over a bag containing the dead foetus.
Mr Doyle read aloud: “One man, the neighbour, gave her the bag. He said ‘look in the bag’. She looked inside and started screaming.”
Addressing the complainant, Mr Doyle said: “You have a very clear image of what happened to you when you were 15 and the images are very vivid. I have to suggest to you that they are not believable. Do you recall saying that?”
“I do not.”
Mr Doyle read aloud from another counselling note from 2020. In the note, the complainant is understood to have discussed the forced termination in further detail.
Mr Doyle said: “I would suggest that these [events] aren’t true. They didn’t happen. Do you agree with me or not?”
She replied: “It can’t be true. I don’t recall saying that.”
The court heard about two violent incidents purportedly suffered by the complainant in 2012 and 2013. In 2012, the complainant was treated at the Sexual Assault Treatment Unit in the presence of Gardaí. She said that she did not make a statement to Gardaí at the time out of fear that she would not be believed. Mr Doyle confirmed that no prosecution took place related to those incidents.
The father and sisters of the complainant gave evidence on the stand.
Her sister confirmed that they would have sleepovers at their neighbour’s home during the weekends and summer holidays and that it was a "fun household".
She said: “They had video games and board games.”
The sister said that she stopped going to the sleepovers when she was ‘11 or 12’ while her sister kept going.
The father told Mr Orange that he had known the accused and his wife. When Mr Orange asked if he had any issues about the accused he said: “We had no concerns whatsoever.”
Suspicions were raised in ‘2001 or 2002’ when he said he saw the accused kissing his daughter as he was dropping her home from a community gathering.
He said: “I was shocked. His arm was around her and when he kissed her it did not look proper to me.”
Concerns were raised again when the accused invited the complainant to a family Christening party. The complainant told her father that "all the girls" would be going. However, when he brought her to the event she was the only girl in attendance.
At one point the father confronted the accused. The accused later came by the home and apologised, saying: “Something came over me.”
The elder sister of the complainant confirmed seeing the accused in the home ‘visibly upset’ and repeatedly saying: “I’m sorry.”
She recalled moving her younger sister, the complainant, into the kitchen and away from the "commotion".
The trial continues.
