Courts / Donegal / Report
Investigator told DPP of "inconsistency" between complainant's account and CCTV footage, trial hears
Summary
A garda investigator has told the Central Criminal Court that he identified an inconsistency between CCTV footage and a complainant's account in an alleged rape case. Lead investigator Garda Paul Leape defended his decision not to show the teenage complainant the footage, stating it was not an investigator's role to afford witnesses a second opportunity to explain discrepancies in evidence. The accused, aged 19, has pleaded not guilty to two counts of rape against a then 16-year-old girl in a Donegal town on 18 March 2016. On day seven of the trial before Ms Justice Deirdre Murphy and jury, Gda Leape confirmed that his report to the Director of Public Prosecutions noted the CCTV showed the girl and accused returning hand in hand and kissing, with her appearing not visibly upset. Under cross-examination, the garda acknowledged the footage did not necessarily support the complainant's account but clarified that outer appearances on video do not reflect internal emotional states. The trial continues tomorrow.
Who, what, where, when and why
What: Report matter: Investigator told DPP of "inconsistency" between complainant's account and CCTV footage, trial hears. Charges or matters: raping and orally raping the then 16-year-old girl behind a building in a town in Co Donegal in the early hours of March 18, 2016. Procedural stage: trial
When:
- March 18, 2016 Hearing Or Sentence
- 2018-07-11 Publication
Why: The garda said under cross-examination: "I don't believe it's an investigator's job to return to an injured party or to a witness, and, because one piece of evidence is inconsistent to another, you'd give them a second bite of the cherry to explain the inconsistency. CNI source report
Case subjects
Defendant
Charges: raping and orally raping the then 16-year-old girl behind a building in a town in Co Donegal in the early hours of March 18, 2016 (Alleged Or Contested)
Plea: Not guilty
Places mentioned
- Central Criminal Court
Topics
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