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Belfast rape trial hears of 'significant inconsistencies'

Stuart Olding denies the charge against him
Stuart Olding denies the charge against him

A PSNI detective who investigated rape allegations against two Ireland and Ulster rugby players has agreed there were "significant inconsistencies" between the complainant's accounts to police and doctors at a rape referral centre.

Paddy Jackson, 26, from Oakleigh Park in Belfast, and his Ireland and Ulster team-mate Stuart Olding, 24, from Ardenlee Street also 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.

The rape is alleged to have happened at a house party in Mr Jackson's south Belfast home during the early hours of 28 June 2016.

The officer was being cross-examined by a barrister representing Mr Olding.

Frank O'Donoghue QC said: "Was it not apparent there were significant inconsistencies between what the complainant said to the Rowan (referral centre) and what she was telling the police?"

"Yes there were," the officer answered.

The high-profile trial is approaching the end of its fifth week at Belfast Crown Court.

Differing or inconsistent accounts could be attributed to trauma, mistake or fragmented memory, the court was told.

Mr O'Donoghue added: "But of course there may be another less plausible reason and sometimes it is deemed necessary to ask the witness."

The complainant was not asked to take part in a third ABE (achieving best evidence) interview.

The officer said: "There was no decision made to take a further interview."

Earlier, the detective constable, attached to the PSNI rape crime unit, had been asked to explain why "crucial questions" were not put to the complainant.

Mr O'Donoghue suggested the absence of "important detail" was "crucial to the evaluation to ever put Mr Olding on trial".

The officer, who has 20 years' experience, replied: "She gave us the detail of what she had and the detail she could give at the time."

During the course of her first ABE interview two days after the alleged rape in June 2016, clarity was not sought about an allegation of sexual activity, it was suggested.

The officer replied: "The object of the ABE interview is not about asking questions. It's about them giving their account.

"It's about them being comfortable and about them telling us what has happened in their own words."

There were also outstanding issues around when Mr Olding left the room and how the woman's top and shoes came off, the barrister suggested.

Meanwhile, the court also heard that while Mr Olding was being questioned by police at a Belfast city centre station on 30 June 2016, his house was searched without his knowledge.

Mr O'Donoghue said: "He came straight in and he was arrested and he was detained and his keys were taken off him.

"Mr Olding would say he was never told that his house was being searched. There's no evidence to prove that he was told."

A number of items of clothing were seized but not the blue shirt, trousers or brown shoes he had been wearing on the night of the alleged attack.

Mr O'Donoghue asked: "Was there ever a direction to get the shirt, to get the jeans, to get the shoes and to get the boxers?"

The officer answered: "Not to my knowledge."

She said investigators would have assessed the evidential value of having the items forensically tested.

After hearing evidence from the senior detective in charge of the police investigation, prosecutor Toby Hedworth QC told the jury of eight men and three women: "That is the case on behalf of the prosecution."

The next stage of the trial will provide each of the defendants with an opportunity to "give evidence if they wish", Judge Patricia Smyth said.

They could also "call witnesses on their behalf", the judge added.

The final day of prosecution evidence was focused on police handling of the complex case.

The senior investigating officer (SIO) was quizzed about why she had not recorded being first told of the potential witness to the alleged rape, Dara Florence.

"I have no explanation as to why that is not included," the detective chief inspector said.

Brendan Kelly QC, defending Jackson, read an extract from the officer's notebook dated 6 July 2016 in which she stated: "The potential significance of this eye witness account cannot be undervalued and may assist the prosecution and/or defence."

However, a second statement was not taken from Ms Florence until September, the court heard.

During cross examination by senior counsel for Mr McIlroy, the SIO said CCTV footage from outside Ollies nightclub where the defendants and complainant had partied, was not recovered because of "human error".

Prosecutors have concluded their case against Mr Jackson and Mr Olding.

The Crown completed presenting evidence on day 24 of the high profile trial.

Blane McIlroy, from Royal Lodge Road, Belfast, denies one count of exposure to the same complainant, while Rory Harrison, 25, from Manse Road, Belfast, denies perverting the course of justice and withholding information.

Due to worsening weather conditions and another matter, the court will not sit tomorrow.