A Cork man has been found not guilty by direction of Mr Justice Paul Carney at the Central Criminal Court of raping his niece after she failed to appear to give evidence. Earlier, Mr Justice Carney had refused an application by the prosecution for a warrant to arrest the now 17-year-old woman who had indicated she wanted to withdraw her allegations.
The 27-year-old defendant had pleaded not guilty to four charges of raping her and one charge of sexual assault on dates between 1993 and 1997 in the Cork area.
When the registrar, Mr Colin Gaffney, put the accused in charge of the jury, prosecuting counsel, Mr Michael Counihan SC, said he could not offer evidence because of the complainant's absence. Mr Justice Carney then directed the jury foreman to enter "not guilty by direction" on each of the five charges on the issue paper and to sign it. He then discharged the accused from the case. Mr Justice Carney had earlier refused a State application, made in the absence of the jury, for the trial to be adjourned.
He said the court's rule was that trials went on the dates fixed. ail about delays in holding trials", he said.
Sgt John Quinn told the court the complainant contacted gardai on Sunday to say she would not travel under any circumstances to Dublin for the trial.
She also refused to open the door to her flat yesterday morning for a garda and her father but she later made a statement saying she was withdrawing the rape allegations. She suggested this was due to family pressures.
Sgt Quinn said the complainant indicated she was afraid of the accused and that if he was found guilty and given a long sentence he would come after her for revenge on his release.