Retired Garda says rape allegation was fabrication, court hears

By Declan Brennan

A retired garda told garda investigators that a rape allegation by his then wife was a complete fabrication, a court has heard.

The 60-year-old man has pleaded not guilty to raping his wife in her bedroom at their family home in Leinster on a date in July 2018.

Neither the defendant nor the complainant can be identified in accordance with the 1981 Rape Act.

On day three of the trial at the Central Criminal Court, Patrick Gageby SC, prosecuting, led evidence of the man’s cautioned interview by gardaí investigators on December 5, 2018.

In previous evidence the complainant said that the marriage was acrimonious and there was fighting between the couple and that she initiated divorce proceedings in 2018.

In his garda interview, the defendant said that he was “constantly being assaulted” by his wife and that on one occasion she broke his tooth using a mobile phone.

He said that he has been kicked and spat at and had water thrown at him.

He said that he kept a packed bag in the house all the time in case he had to leave and that he would be in and out of the house.

He said he stayed in a box room for the sake of the children and said “if I have to go, I will but I always come back”.

He said he never laid a hand on the complainant and that she “never made an allegation” to that effect.

He said that on two occasions before 2018 his wife spoke to a solicitor about separating but said they made up both times, saying “she wanted to shake me up”.

He said he has no memory of anything taking place on the morning of the alleged rape.

Asked if he was “intimate” with the complainant that day, he replied “no definitely not, we weren’t even talking”.

He told gardaí “I was just subservient to her”. Asked about the rape allegation he said “there was no rape or intercourse, it’s a complete fabrication”.

In earlier evidence a family law solicitor told John Fitzgerald SC, defending, that he met with the complainant on a number of occasions in late 2018.

He said she informed him of “emotional abuse within the marriage” and “also revealed that she was raped [in July]”.

He agreed that notes of a meeting in October stated that he said “I want to use the allegation to advance your case” and that the complainant said “I don’t want him to take my kids and get me out of the house, he’s looking for a barring order”.

He said a reference by him to “ammunition” was him telling the complainant that “you want to use the rape allegation as ammunition in family law proceedings”.

In earlier evidence referring to notes of counselling sessions taken by the complainant, the complainant testified that she told her counsellor that the conception of her son with the accused was forceful but denied that she used the word “rape” to her counsellor.

She denied a suggestion that she was “bandying” around the word rape and said she was very aware of the seriousness of making a rape allegation.

The trial continues before Ms Justice Karen O’Connor and a jury.