Court hears woman's injuries during rape trial

A doctor who examined a woman allegedly raped by two Ireland and Ulster rugby players could not determine whether the sexual contact had been consensual, despite intimate injuries.

Belfast Crown Court was told the complainant had a one centimetre bleeding laceration on the wall of her vagina, as well as minor bruising to her right arm and right leg.

When questioned about possible causes of the injuries, Dr Philip Lavery, a forensic medical officer, said: There's no way of giving entire credence as to whether this was consensual or not.

No, it does not help in deciding the consensuality of intercourse.''

Dr Lavery examined the woman after she referred herself to the Rowan rape crisis centre in Antrim the day after the alleged attack in June 2016.

He found a tear approximately two or three centimetres inside the vagina.

Prosecutor Toby Hedworth QC asked: How much of the skin was affected by that ... the tissue that was lacerated or torn?''

Dr Lavery said: The definition of a laceration is a full thickness tear.''

It could have been caused by any blunt force trauma'' applied to the wall of the vagina, he said.

The high profile trial, being heard by Judge Patricia Smyth, has entered its fourth week.

The 12-person jury also heard how swabs and blood samples were taken by medics at the Rowan centre, and clothing the complainant had worn on the night in question was also retained.

The woman had been tearful but co-operative during the hour-long examination and showed no signs of intoxication, the court heard.

Dr Lavery explained that measures were taken to ascertain whether the bleeding was from the laceration or as a result of her monthly menstrual cycle.

I have noted no menstrual bleeding coming from the cervix,'' he said.

A recording of the intimate examination was taken at the time, the court heard.

Meanwhile, the doctor was asked, during cross examination by Brendan Kelly QC, representing Paddy Jackson, who denies rape and sexual assault, if there had been any mention of digital penetration.

No, there's no mention of that,'' he answered.

The barrister continued: There is no mention by the complainant that she was forced to perform oral sex upon one of her attackers?''

That's correct,'' added Dr Lavery.

Outlining that a forensic science form would be relied upon for any criminal proceedings, the barrister suggested that had he been told about the alleged oral rape, the doctor would have ordered a mouth swab.

Yes, that would be standard practice,'' Dr Lavery said.

Ealrier on the court heard the woman at the centre of a rape trial provided police with differing accounts about a sex act involving one of the accused, a court has heard.

During an interview on June 30 2016 - two days after the alleged attack - the complainant gave contrasting answers'' about an alleged oral rape by Stuart Olding, his barrister Frank O'Donoghue QC told Belfast Crown Court.

Later, during the same interview, her answer appeared to change, the barrister suggested.

He was cross-examining a Police Service of Northern Ireland (PSNI) detective constable who had been monitoring the ABE (achieving best evidence) interview.

The court also heard how Olding was arrested an hour after the complainant's interview concluded.

While being questioned at the police station, Olding's south Belfast home was searched and clothing was retrieved - however not the outfit he had been wearing on the night of the alleged offence, the court was told.

The officer answered: He was.''

For example he told you what he was wearing?

He told you he was wearing brown shoes?''

In his account to police, Olding said the complainant had performed oral sex, and had his penis in her mouth.

He accepted that primary fact, that it lasted for about five minutes,'' said Mr O'Donoghue.

The officer said: I recall that being mentioned.''

The barrister also suggested that, according to Olding, while performing oral sex, the woman had been on her knees and was bent over.

Later the PSNI detective was asked about a statement taken from Dara Florence, a girl who walked into the room during the alleged rape.

The officer said: No, she never.''

Paddy Jackson, 26, from Oakleigh Park in Belfast, and his Ireland and Ulster teammate Stuart Olding, 24, from Ardenlee Street also in the city, deny raping the same woman at a house in south Belfast in June 2016.

Blane McIlroy, 26, from Royal Lodge Road, Ballydollaghan, Belfast, denies exposure and Rory Harrison, 25, from Manse Road, Belfast, denies perverting the course of justice and withholding information.

When asked how Olding's penis came to be in her mouth, the woman first told detectives: I am not entirely sure, to be honest.''

Mr O'Donoghue added: Her answer seems to change to 'I am really sure my head was forced down'.''

The officer was unable to interject with questions because he was not ABE trained at the time, it emerged.

He had voluntarily attended Musgrave Street PSNI station in Belfast and was arrested, Mr O'Donoghue said.

Asking the detective about Olding's conduct during the interview, Mr O'Donoghue said: Mr Olding was fully co-operative?''

Probing further the lawyer added: Is it fair to say that he had asserted during the course of the interviews very important facts relevant to the oral sex?

He told you he was wearing a navy shirt? He told you he was wearing black jeans? He told you he was wearing black boxer underwear?

The detective replied: I could not remember specifics.''

His client had been very clear about what happened but insisted it was consensual, said Mr O'Donoghue.

She had also taken off her own top, the barrister put it to the court.

The 12-person jury will have an opportunity to listen to the police interviews, the court was told.

Mr O'Donoghue said: She described it as a threesome. She never described in any of that statement obvious forcing?''

When questioned about any obvious inconsistencies between the accounts provided by Ms Florence and Olding the officer added: I believe Mr Olding had said that (the complainant) had her top off but had her trousers on and Dara had said she was entirely naked.''

Jackson denies a further charge of sexual assault.

The case continues