A man accused of raping a 15-year-old Kerry girl told gardai she initiated sexual activity between them but he was too drunk to have sex with her and fell asleep.
He said in a supplied typed statement to gardai that she took him by the hand into a shed, opened his jeans, and then took down her own jeans, but he was too drunk to be capable of having sex, the Central Criminal Court in Dublin was told.
"I slept for a couple of minutes and then woke to her [naming him] and saying she was going". He said he then pulled up his clothes, urinated against a wall with another named man beside him, and went back towards a pub in search of a lift home.
The 24-year-old man denies three charges of rape, oral rape and unlawful carnal knowledge of the girl, who was aged over 15 and under 17 at the time of the alleged offences on October 28th, 1997.
He said in his statement: "It was she who made the advances and opened our jeans. I fell back and even asleep. If there was any offence committed that night or law broken it was she who did it," he said.
A Garda sergeant agreed with defence counsel Mr Hugh Hartnett SC (with Ms Mary Ellen Ring) it would have been important to examine the alleged rape scene at the earliest for evidence, but that had not been done until one week later.
He also agreed it would have been important to check the defendant's hands for an injury mark after the alleged victim claimed she had bitten him, but this was not formally done because the defendant was not under arrest or caution.
A female student said she was in the disco bar where the alleged victim claims the defendant first accosted her, but did not see the girl there at all.
The defence will go into evidence when the case resumes on Tuesday before Mr Justice Carney and a jury.