Dreadful assault not a bolt, from the blue, says counsel

THE dreadful assault on Michelle Rocca did not spring from nowhere and for no reason, her counsel, Mr Nicholas Kearns SC, told…

THE dreadful assault on Michelle Rocca did not spring from nowhere and for no reason, her counsel, Mr Nicholas Kearns SC, told Mr Justice Moriarty and the

Jury.

Its genesis, he said, was in the relationship between her and Mr Ryan over two years. It had not happened as a "bolt from the blue".

Mr Kearns, in his closing address, said the relationship between them had been unsatisfactory. He was not saying his client was an angel but the situation resulted from Mr Ryan's failure to take responsibility for his action.

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There had been a passionate relationship between Mr Ryan and Ms Rocca. In 1989 a promise to marry was made. This had led to the parties setting up a home with their children. That was a very serious step to take.

Mr Kearns said Ms Rocca was pregnant. Mr Ryan had said this was not a reason to get married. "You have promised to marry somebody and she becomes pregnant and this is a reason for not getting married," added counsel.

He said there had been a "backpedalling" process in late 1990 when Mr Ryan left home when Ms Rocca was in the mid stage of pregnancy and at a low ebb. He had stated he did so to calm things down.

Mr Kearns said Mr Ryan did not go away and terminate the relationship. He continued to see Ms Rocca. He had taken her to Ibiza in 1991 and they met on other occasions. Could Mr Ryan's reasons as to why the meetings took place be accepted? Mr Ryan had suggested it was out of compassion but, added counsel, that was not a credible reason.

Mr Ryan had stated the relationship had been terminated. The responsibility for failing to get the relationship sorted out rested more with Mr Ryan than with Ms Rocca.

Surely it was the mark of a man to take responsibility and make a clear break and give a woman an chance to reorganise her life. He "did not have it in him". It was not the first time he had taken that course and it would not be the last.

Mr Kearns said there had been two accounts of what happened in Tulfarris House a few nights before the alleged assault at Blackhall Stud.

Mr Ryan had stated he did not tell her about Ms Sarah Linton (his then girlfriend) at the time and that there was "somebody else". They were six or seven hours in the same room at Tulfarris. This was just a few days before Mr Ryan went to the Blackhall party with a third party. Mr Ryan had stated they stayed up for seven hours discussing other matters.

On the night of the assault, said Mr Kearns, Mr Ryan was suggesting that their relationship did not have a future, but why had Mr Ryan not told her in unambiguous terms that the relationship was over?

It had been suggested that Ms Rocca acted provocatively at Blackhall and had absented herself at a small party shortly after another woman - who was blameless - had left the room. It had been suggested that it was "all over" but she had never been told that at Tulfarris.

When Ms Rocca went looking for Mr Ryan, why was it suggested she was provocative? There was no suggestion that she was drunk or aggressive or exhibiting ill will.

If Ms Rocca had been hell bent on unleashing some attack out of jealousy, she was going a strange way about it. Referring to Ms Rocca's demeanour, Mr Kearns said there was no question of her bursting in through the bedroom door. You did not burst in if you did not know what was behind the door.

It was clear the die was cast once Ms Rocca entered the bedroom. What would a woman have done in those circumstances? There had been four different accounts of what happened in the early stages. The only common denominator was that they were all very different in detail.

Mr Kearns said Ms Rocca had stated she did not get angry. She was perfectly entitled to be angry and aggressive. Ms Rocca was a "feisty" woman. She was screaming. She used foul language. No doubt a scene developed quickly.

What was undeniable was that at some stage a 15 stone man got off the bed and decided to deal with Ms Rocca. The word "slap" had been used and there had been references to Ms Rocca being thrown against the wall and that she had become more and more frenzied.

This was being used as some sort of spurious justification for what came afterwards. Ms Rocca had been portrayed by counsel for the defence as a "female Tarzan" and a woman of virtually superhuman strength and whom it would require superhuman efforts to restrain.

A vicious and sustained attack on Ms Rocca was carried out by Mr Ryan. It was not in the category of restraint. No man was entitled to do that to a woman.