Rape case garda knew defendant

A Garda who investigated a rape in a Tipperary town was to have taken pictures at the accused's wedding a week later, a jury …

A Garda who investigated a rape in a Tipperary town was to have taken pictures at the accused's wedding a week later, a jury in the Central Criminal Court heard yesterday.

A sergeant told Ms Maureen Clark SC, defending, that he and a Garda colleague went to the home of the accused's parents at 6.40 a.m. on September 5th, 1994.

He spoke mostly to the accused's parents and the other garda spoke to the accused.

The sergeant agreed that the accused was not arrested but agreed to go to the Garda station voluntarily, "to get the matter cleared up". The 23-year-old accused man has pleaded not guilty to charges of raping a 25-year-old woman, assaulting her and attempting to choke her with intent to enable him to rape her after midnight on September 4th-5th, 1994.

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The sergeant denied a suggestion by Ms Clark that they were being "palsy-walsy" with the family to avoid having to arrest the accused under Section 4 of the Criminal Justice Act 1984. Ms Clark suggested that such an arrest would have afforded the accused more rights than he had when he was in the station voluntarily. The sergeant said he only became aware later that his Garda colleague, who was friendly with the accused's family, was also to take photographs at the accused's wedding.

He denied a suggestion that the accused was not clearly informed he was suspected of rape. He said the accused denied seeing any woman even though he agreed he walked home past the general area where the rape occurred.

The trial continues.