A fourth complainant has told the trial of a man accused of sexually assaulting six young men 30 years ago that he didn't block out the alleged incident, but managed not to think about it repeatedly.
The 59-year-old man, who can't be named for legal reasons, has pleaded not guilty to the one count of sexual assault that he faces in relation to this complainant.
Continuing his cross-examination on Monday, defence counsel Michael O'Higgins SC suggested to the complainant that it would be “wrong” to give the jury the impression that the accused man was solely responsible for casting him in a leading role in the musical when he was in fifth year.
“I don't know,” the complainant replied, adding that he accepted that he auditioned for a part in the musical before the accused man and two others.
He agreed with defence counsel that his evidence was that there was no “sexual innuendo” or “any sexual chemistry” with the accused man before the alleged incident.
Direc
The complainant agreed that he had told the jury in direct evidence that the accused “abandoned” his class on Wednesday afternoons when they went to the pub.
“Are you seriously telling the jury that you and the accused would leave school at 12pm with his class left there unattended and no questions would be asked?” Mr O'Higgins asked.
“I don’t recall how regularly it happened but it happened,” he replied.
Mr O'Higgins asked if he was saying his client “left a class unattended” to which he replied “that's right”.
He agreed that there were at least two parties where he socialised with the accused man. He added that it is likely that there were more social events but he couldn't be specific.
The complainant told the court in his direct evidence that he went back to the man's house one night in late 1995 after he and the accused drank approximately eight or nine pints.
He agreed with defence counsel that this was “a lot of drink” for him, but said he drank more when with the accused man. He agreed there were others present that night, and he engaged in consensual sexual activity with a woman associated with the school.
Mr O'Higgins suggested there are similarities between the circumstances of this event and the alleged interaction with his client which occurred on a later occasion.
“Both incidents started when you were asleep. In both you responded to incidents as they unfolded, however, you say one was consensual but the other was not?” Mr O'Higgins said.
The complainant replied, “The two situations were different. I was in far deeper sleep and completely unaware of what was happening”, in relation to the incident with the accused man.
Garda statement
Mr O'Higgins read sections of the complainant's garda statement which outlined how he woke up to the accused performing oral sex on him.
Mr O'Higgins described this as being in “graphic” detail. The complainant agreed his account was based on his “specific recollection”.
Defence counsel asked if he had blocked out this incident, and he replied: “It’s hard to block out that entirely. I managed not to think about it repeatedly.”
The complainant agreed that he had not forgotten or blocked out the alleged incident, but “parked it at the back of his mind”.
Mr O'Higgins then asked the complainant about a later possible sexual encounter between him and the accused during a trip to Kilkenny.
He said he couldn't remember specific details.
Mr O'Higgins asked why he was unable to describe this event, but could outline the alleged first incident “in minute detail”.
Defence counsel noted the witness said he was intoxicated on both occasions. He replied: “I don't know”.
Defence counsel suggested that that this trip to Kilkenny took place in August 1996, and “we are all agreed there was no sexual contact between you and [the accused]” during that summer.
“I don't think so,” the complainant replied.
He agreed he shared a room with the accused during this trip. Mr O'Higgins suggested he didn't show any “discomfort” with the situation.
The witness said he told someone, but felt “ignored”.
He re-iterated when asked again by Mr O'Higgins that he thought there was a sexual encounter in Kilkenny but said he “can't recall”. He agreed he wasn't alleging any sexual encounters with the accused man at this point happened while he was asleep,
The accused man has pleaded not guilty to one count of attempted anal rape and eight counts of sexual assault on dates between March 1991 and November 1997 at locations in Co. Dublin.
The man was in his 30s at the time of the alleged offences, while the six complainants were then aged between 17 and 24.
The trial continues before Mr Justice Alexander Owens and the jury.
