Two Jordanian asylum seekers accused of raping a woman at Ceannt Station, Galway, have been refused High Court bail.
The High Court heard that the young woman, aged 18, was 200m away from her accommodation in Galway City, had become lost, and approached the two men looking for directions.
Both men, aged 25 and 27, are believed to have come to Ireland through the north about two years ago and claimed that any sexual contact with the woman was consensual.
The accused have denied raping the woman, with one saying that the alleged victim had “insisted” on having sex with him after he told her he had a wife. The other, during Garda interview, said, “I can’t believe she remembered this; she was so drunk.”
Both are charged with rape contrary to section 48 of the Offences Against the Person Act, and section 2(1) of the Criminal Law Rape Amendment Act, as amended by section 21 of the same Act.
They were also charged with falsely imprisoning the alleged victim, contrary to section 15 of the Non-Fatal Offences Against the Person Act, at the same time and location.
The older man (27) faces an additional rape charge under section 4 of the Criminal Law Rape Amendment Act for the alleged oral rape of the woman who had become separated from her friends on the night in question.
Ms Justice Caroline Biggs heard that the two men, who appeared via video link, were smoking on a public seat when the young woman approached them. The victim, who is not from Galway, alleges that they promised to guide her back to where she was staying and led her towards a car that was parked in the car park of Ceannt Station after 2 am.
On the 3rd of August, the alleged victim attended a sexual assault trauma unit where a forensic examination revealed bruises to the middle of her throat, a recent cut to her right elbow, a distinct circular bruise on her upper thigh area, and bleeding in her upper cervix.
Rachel Cadden BL, prosecuting, argued that the two men were seen on CCTV walking with the victim towards the car park. The court heard that the woman’s phone battery had died and that she was promised help with charging it.
Ms Cadden argued that the CCTV was consistent with the woman’s version of events and that the movements of the vehicle were consistent with the sexual assault she described.
The court heard that the CCTV showed the older man opening the car door before the younger man helped the victim into the car, before both men got in.
Ms Cadden said that after four minutes and 18 seconds, the older man left the car and was “pacing” around the area while the vehicle could be seen moving.
The younger accused was in the car alone with the victim “for nine minutes and 19 seconds”, Ms Cadden said.
She said that the younger man then got out of the car and was seen “altering and fixing his clothes” before “wiping his genital area” with a tissue.
She said that 11 seconds later, at 2:36 am, the older man got into the car with the victim while the younger “loiters outside” and that the “movement of the vehicle is consistent with the allegation made.”
Ms Cadden said the older man “climbed over the top of her in the passenger seat” before vaginal rape is alleged to have taken place, that images captured on CCTV were consistent with oral rape of the woman, and that at a certain point the other accused was “looking in the window”.
When the older accused exited the car, he was “also observed altering and fixing his clothing” before picking up “a piece of rubbish” and “wiping his genitals”.
Both men then got back into the car and appeared to be “searching” the floor, the court heard.
Ms Cadden said that the car drove from the car park at 2:46 am before the pair dropped the alleged victim back to her lodgings.
The court heard that the alleged victim showed an “upset demeanour” on the CCTV from her lodgings and that two of her friends, who had been looking for her, made statements saying that she had said she was raped by two men.
After dropping the alleged victim back to her lodgings, the men returned the car to the Ceannt Station car park before walking on foot back to their accommodation, Ms Cadden said.
Detective Garda Trevor Shannon said that CCTV, which was played to the court, showed the two men “Walking together in a jovial manner” back to their lodgings.
Detective Shannon said that during the alleged sexual assault, the indicators of the vehicle had been activated by the movement in the car. He also said that the alleged victim’s bra had been found beside where the car was parked during examination of the scene.
The Garda said that both men are believed to have come to Ireland through the North about two years ago, and that the mother, two sisters, and father of the younger are all in Ireland as international protection applicants, although their cases have been refused and are currently under appeal.
The court heard that the younger man’s “wife” who Detective Shannon denied was his wife in the eyes of Irish law, is also an asylum seeker and the owner of the car used during the alleged attack.
The accused’s defending counsel argued that the pair were married at their “local mosque” and that they were “married in the eyes of their god”.
Having heard the evidence, Justice Biggs said that while the accused were entitled to the presumption of innocence, she agreed with Detective Shannon that they may attempt to evade justice and not stand trial.
She said that the CCTV evidence was “probative” and that the victim’s verbal account of what had taken place was consistent with the CCTV evidence.
The pair were remanded in custody.