A BENCH warrant has been issued for a defence witness who failed to appear to give evidence in a rape trial yesterday at the Central Criminal Court.
Defence solicitor, Ms Caroline Dexter, told Mr Justice Morris she had served a subpoena on the man in the Abrakebabra restaurant in Blanchardstown on October 31st. He agreed he would attend the trial and arranged to do so.
Earlier, staff members and customers described seeing this witness with the accused drinking tea in the restaurant after a St Patrick's Day disco on the night of the rape in Ballymun.
The accused man (28) has pleaded not guilty to the rape, oral rape, attempted anal rape and aggravated sexual assault of a 35 year old mother of three in waste ground at Ballymun during the early hours of March 18th 1995.
Mr Brendan Grogan SC, defending, told the jury of eight men and four women that his client's defence was that the victim had mistakenly identified him as her attacker. The rape had occurred between, 1.30 a.m. and 2.20 a.m. and the accused told gardai he had been in Blanchardstown at that time.
Some of the nine people called by Mr Grogan said the witness, the accused and another man were smoking cannabis in the restaurant and were asked to leave when they failed to stop.
The court heard of sightings of the witness who failed to appear and the accused in Blanchardstown at varied times from 9.30 p.m. on St Patrick's Day to 3 a.m. the next morning.
In reply to Mr Joseph Mathews SC, prosecuting, some of the witnesses agreed they were not sure of exact times. Ms Tracey Houlihan, manageress of the Abrakebabra, said the absent witness, the accused and another man stayed in the restaurant on St Patrick's night until about 2.30 a.m.
There had been a robbery at the premises weeks previously and when the three walked in she feared they might do the same thing. As a result of her fear, she took the money from the till and hid it.
At one stage she had also instructed the restaurant security guard to speak to them as they were smoking cannabis. She agreed with Mr Mathews she thought this incident occurred on a Thursday but agreed that St Patrick's Day in 1995 fell on a Friday.
Ms Sharon Murphy, also of Abrakebabra, agreed she told gardai in May, 1995, she did not remember anything of the night in question. She said she only remembered seeing the absent witness after being reminded by Ms Houlihan. She denied Ms Houlihan had put words in her mouth.