Two men plead not guilty to rape as trial hears DNA evidence

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Two men pleaded not guilty to two counts of raping a woman in a Co Donegal town in February 2015. The proceedings at the Central Criminal Court were reported on 1 November 2019.

The report said the student was allegedly too drunk to consent. The defendants, aged 29 and 33, were both non-nationals living in Co Donegal.

The jury had previously heard that the younger defendant denied having any sexual activity with the complainant.

Forensic scientist Dr David Casey told the jury he used DNA to link semen found on the complainant’s underwear to the younger defendant. He said semen inside a condom retrieved from a bin in the flat where the alleged rapes took place also matched him. Swabs from outside the condom showed a high concentration of DNA matching the complainant’s profile; Dr Casey said he would expect that concentration if vaginal intercourse took place.

The jury was told that the younger defendant was re-arrested on 16 March 2016 after gardaí obtained Dr Casey’s report. Gardaí told him the findings might reasonably be attributed to his participation in the alleged rape and gave him an opportunity to account for them. He replied “no comment” when asked about the semen on the underwear and gave the same reply when asked about the condom.

The prosecution ended its case on 1 November 2019 and the defence teams said they did not intend to call witnesses. Mr Justice Alex Owens told jurors they would likely begin deliberations after he had given them his charge.