A jury of six men and six women at the Central Criminal Court sitting in Cork took just over three hours to return their unanimous verdict of not guilty in the case heard by Judge Karen O’Connor.

Both parties, who were in their 20s at the time, were in relationships with other people when they met that evening – November 7, 2020 – and drank wine and lots of other alcohol together at his home.

He said there were no kisses between them when they drank together, but they danced body to body.

Alcohol

When asked how drunk the complainant was that evening, the accused replied “very drunk”.

He said they drank wine, tequila, vodka and Jägermeister and smoked rollies.

“I was doing normal dancing, not sensual dancing. She told me several times that I was shy and why I didn’t dance near her. She was dancing too close and I asked her if it was a good idea to dance that way because our bodies were touching I felt a little uncomfortable. She continued to dance near me even though I told her not to.

“She asked me if she could sleep at my place. I said “yes, you are my friend, you can stay here”. As soon as I told her she could sleep here, she took off her clothes wearing only a thong.

He said she rubbed her body against his and later he put his finger in her vagina and she told him to stop. He said after that she fell asleep.

“She went from super-active with me to super-passive with me. His mood changed. The next day, I asked him if everything was okay. I noticed his change in personality,” he said.

Clothes

Lead prosecution counsel Jane Hyland reminded the defendant that the complainant told the jury she lay on the bed that night, fully clothed.

He replied: “I don’t agree 100%. She took off her clothes. She took off all her clothes except her underwear. She took off her leggings, t-shirt and bra. She was drunk but didn’t fall to the ground. The thing is, when she took off her clothes, I didn’t expect it.

Ms Hyland said: “It’s so surprising, actually it didn’t happen like that. » The complainant replied: “She can say that. I know that’s his version.

Ms Hyland said: “She was so drunk she couldn’t have taken off her clothes and made her way to bed. » He replied: “She was able to take off all her clothes except her underwear – her panties. »

The prosecutor’s attorney said: “She told the jury that when she lay down on the bed, she immediately lost consciousness… She is lying on the bed unconscious.” »

The accused responds: “No, because we were close to each other on the bed and then we were cuddling and she was fine because she was moving. I was kissing her… And she was comfortable with me and moving towards me. She let on that she was fine. She moaned and moved against me.

He said that suddenly she left the bed and everything changed.

Ms. Hyland put it to the defendant that his story changed as he adapted to different information emerging from telephone testimony and other evidence.

He said: “I didn’t remember things very well at first. » Ms Hyland said: ‘You changed your story when you saw the text messages didn’t support it. »

He replied: “That’s a lie. »

Ms Hyland said the young woman was so disgusted he had taken off her clothes and was having sex with her when she woke up that she rushed to the bathroom. “I say no,” the defendant replied.