A woman who was allegedly raped by Ireland and Ulster rugby players Paddy Jackson and Stuart Olding presented at a doctor later that day with genital injuries.
This afternoon the men’s trial heard from a forensic medical examiner about a laceration to the woman’s “vaginal wall” which could have been caused by a “penis, a finger or an object.”
He said it was not possible to determine what exactly had caused the injuries or whether they resulted from consensual activity.
“It doesn’t help to decide on consensuality of possible intercourse,” Dr Philip Lavery said of his examination.
Dr Lavery told Toby Hedworth QC the woman came to the Rowan Clinic, a sexual assault referral centre at the Antrim Area Hospital, and said she had been raped by two men in the early hours of that morning.
The centre has two main roles, he said; to gather evidence and to assist complainants of sexual assault in the areas of contraception and sexually transmitted diseases. Patients can refer themselves or are referred by the PSNI.
He said the victim reported being vaginally raped by two men, neither of whom used a condom. No threats or violence was used, she told the doctor.
She was “co-operative but tearful” while giving her account, Dr Lavery wrote in his notes at the time.
According to documents made during Dr Lavery’s exam, the complainant was raped by “acquaintances x 2”. Beside this, “strangers x 2” was crossed out.
Dr Lavery said there is a higher medical risk associated with stranger attacks. After discussing it with the woman they agreed to write down “acquaintances”, he said.
He said the complainant reported drinking one glass of wine and three double vodka Red Bulls that night. She reported no drug use.
Dr Lavery described bruises to the woman’s elbow and kneecap. The woman told him she had no recollection of how these occurred.
There was also injury to her labia minora and vagina, he said. There was a laceration on the “vaginal wall” and there was fresh bleeding from the wound. He said this was caused by blunt force trauma.
A bruise at the base of labia minora was also caused by blunt force trauma, he said.
It was not possible to tell how long the bruise was there or what exactly caused it.
Dr Lavery agreed with counsel the vaginal exam was recorded on video.
Cross-examining the doctor, counsel for Mr Jackson Brendan Kelly SC said “the video is not something we are going to see and not something we need to see.”
Dr Lavery agreed with counsel that others who had viewed the video could not see the laceration. It said it was difficult to see.
The men are accused of raping the then 19-year-old woman in Mr Jackson’s bedroom during a house-party.
Mr Jackson (26), of Oakleigh Park, Belfast has pleaded not guilty to rape and sexual assault in the early hours of June 28th, 2016 at a party in his house. Mr Olding (24), of Ardenlee Street, Belfast, denies one count of rape on the same occasion. Both men contend the activity was consensual.
Blane McIlroy (26), of Royal Lodge Road, Ballydollaghan, Belfast, has pleaded not guilty one count of exposure while Rory Harrison (25), from Manse Road, Belfast, pleaded not guilty to perverting the course of justice and withholding information relating to the incident.
This morning a detective constable told counsel for Mr Olding, Frank O’Donoghue QC, that he arrested Mr Olding on June 30th, 2016, two days after the alleged rape and one hour after the complainant’s first formal police interview.
He agreed with counsel that Mr Olding was cooperative in interview and gave a description of what he was wearing that night: a navy shirt, black jeans, black boxers and brown shoes.
While the interview was conducted police searched Mr Olding’s house, counsel said. The detective said he wasn’t aware of this.
Describing the encounter with the complainant, Mr Olding told police she had performed oral sex on him for five minutes. She was “on her knees and bent over”. At one point she asked him and Mr Jackson to go get condoms, he told police.
Mr Olding said he ejaculated but “not in her mouth.” He said he ejaculated on his stomach and then got up and left the room. He wiped himself with toilet roll in an adjoining bathroom before going to sleep on a couch in a different room, he said.
The detective agreed Mr Olding said he never “vaginally touched” the woman. He further agreed he gave a very clear account of what happened in interview and that he reasserted those facts when the woman’s account of an alleged rape was put to him.
The jury were told they will hear a more extensive account of Mr Olding’s interview later in the case.
The trial resumes tomorrow before Judge Patricia Smyth and a jury of nine men and three women.
