By Joe McCabe

A 43-year-old South Monaghan man on trial  at the Central Criminal Court for the alleged rape of his ten year old step-daughter has been found NOT guilty by a jury of nine men and three women. The defendant and the victim cannot be named for legal reasons. The offence was alleged to have taken place in November 2003 in the South Monaghan area and evidence was heard in the week long case from South Monaghan based garda officers. The jury asked why the garda interview tapes with the defendant were not shown to the court to be told that such a request was the prerogative of the defence. They jury also wondered why the interviewing gardai had not been asked to give evidence. The jury retired at 11am on Monday and returned with their Not Guilty verdict within minutes.

The girl alleged she was anally raped by the defendant who  stated  “If you tell anyone I’ll do it again.” She denied a suggestion in cross-examination by defence counsel, Mr Anthony Sammon SC, at the Central Criminal Court that her allegations were “made up, fabricated, a tissue of lies”. “Think what you like. You don’t bother me,” she responded to Mr Sammon. The defendant had pleaded not guilty to the charge.

Giving evidence by video link, the girl told prosecuting counsel, Mr Paul O’Higgins SC, that the accused told her to mind her siblings. She said that when she told him it wasn’t her job to mind them he hit her across the face and forced her onto the couch.

She said he took off his trousers and her pyjama bottoms and annally raped her while pushing her into the couch with his fist.

She told Mr O’Higgins that when her younger sister heard her screaming and called out to her the accused stopped and told her to put her bottoms back on.

She said that after the defendant left the house for the day she went to the bathroom and found blood all down the back of her legs.

The girl added that several weeks later the defendant said to her: “A little bird told me you don’t like me. If you tell anyone I’ll do it again.”

The alleged victim told Mr Sammon she had been to see a counsellor several times since she made the allegations. The girl also admitted that she had a “Bebo” site on the internet which asked a number of lewd sexual questions.

Mr Sammon put it to her: “You are trying to present yourself as a person who is utterly unfamiliar with the language of sex. But looking at your Bebo page that doesn’t seem to be the case.” “It’s Bebo. Everybody has it on their site,” she said. “One of my friends put it on.” the girl replied.