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Belfast court hears kiss 'not indicative of consent for anything else'

Paddy Jackson denies charges of rape and sexual assault
Paddy Jackson denies charges of rape and sexual assault

The woman who alleges she was raped by two Ireland and Ulster rugby players has told the court that a kiss was not consent for anything else.

She was giving evidence this afternoon in the trial of Paddy Jackson and Stuart Olding at Belfast Crown Court.

Mr Jackson, from Oakleigh Park in Belfast, and Mr Olding, from Ardenlee Street in the city, deny raping the same woman at a house in south Belfast in June 2016.

Mr Jackson denies a further charge of sexual assault.

Two other men have also been returned for trial on charges connected with the same incident alleged to have happened at an after-party following an evening at a Belfast nightclub on 28 June, 2016.

Blane McIlroy, 26, from Royal Lodge Road, Ballydollaghan, Belfast, has pleaded not guilty to one count of exposure, while Rory Harrison, 25, from Manse Road, Belfast denies perverting the course of justice and withholding information. 

During further cross-examination today, the complainant was asked about what happened outside the Belfast nightclub and how she came to be back at Mr Jackson's house.

Brendan Kelly QC, representing Mr Jackson, asked the woman how she felt about Mr Jackson.

Mr Kelly said: "You had got back to Paddy Jackson's. Did that make you sad or did that make you happy?"

The woman answered: "Pretty impartial to be honest."

The court also heard about a consensual kiss, which happened in a bedroom of Mr Jackson's home.

When asked when she had become attracted to Mr Jackson, she added: "I was never attracted to Patrick Jackson.

"Yes, I kissed him, but that was instigated by Patrick Jackson. You do not have to be attracted to someone to not turn away a kiss."

She admitted her recollection was in part "hazy".

When probed further about consent for the kiss, the woman responded: "Yes it was, but that's not indicative of consent for anything else."

Mr Kelly asked: "Is not the truth of what happened, as far as outside Ollie’s is concerned, you were desperate to join the footballers at their party?

"When that invitation was not forthcoming, what you saw was Paddy Jackson. You waited some time and joined his group, his party."

She had not been invited, Mr Kelly put to the court.

The woman responded: "That's not how I remember it."

Woman 'petrified' of being filmed

The woman, who cannot be identified for legal reasons, said she did not seek help when another female walked in on the alleged attack.

The court was told she was "petrified" of being filmed.

During cross-examination Mr Kelly said: "Why did you not ask for her help?"

The woman responded: "What was she going to do? I didn't know her. I thought she was going to film me."

Mr Kelly added: "She might have helped you and stopped them raping you. That's what she could have done. Isn't it?

"She could have said 'stop' couldn't she? You would have been able to point to the blood and the tears, if they were there."

The woman said: "In that moment, I was so petrified of being recorded I just turned my head away. It was too late. I had already been raped."

The rape is alleged to have happened when she returned to the bedroom to retrieve a clutch bag, the court heard.

She rejected defence suggestions she had consented to sex and invited Mr Olding to join in.

Mr Kelly said: "When Stuart Olding walked in you were engaged in consensual sexual acts were you not with Paddy Jackson?

"When he walked in it was you who motioned him towards the bed. Do you accept that or not?"

The woman replied: "No, I do not."

She also contested defence claims she had taken her top off by "agreement".

Although she could not recall who made the alleged request, the woman said: "I was ordered to take my top off.

"I wanted it to be over, so I took my top off."

Court hears Best was 'directed' to attend rape trial

Ireland rugby captain Rory Best was instructed to attend the trial of his two club and international team-mates by senior counsel, the court heard.

The jury of nine men and three women heard he had been asked by a senior barrister to attend the hearing last week.

Judge Patricia Smyth said: "The only reason that Mr Rory Best was in this courtroom was because he was directed to be here by senior counsel.

"That's the reason he was here. That's the only reason. I think you should know that."

The judge referenced press coverage of Mr Best's attendance.

She said: "You may have been aware of press coverage about the attendance at this trial of Mr Rory Best."

Judge Smyth added that it may have been "hard" not to be aware of the coverage.