The mother of a 15-year-old girl who was allegedly raped and sexually abused by her father refused to testify in his trial at the Central Criminal Court.
"I am sorry. I love both of them and I do not wish to give evidence today," she said on the second day of the trial, as she was called to the witness box.
Mr Justice Butler told her she could be compelled by law to do so and asked her if she wanted her own lawyer to represent her on the issue. She agreed, before walking hastily out of the courtroom.
During a brief recess called by Mr Justice Butler, Mr John Edwards SC, prosecuting, and Mr Anthony Sammon SC, defending, agreed to exercise section 22 of the Criminal Justice Act, which allows witness statements to gardaí to be treated as testimony in court.
Her statement to gardaí, read to the jury by Mr Edwards, said she was working full-time when the alleged abuse is said to have taken place.
The girl had earlier said, in cross-examination by Mr Sammon, that she did not tell her mother about the alleged abuse because she was afraid she would not be believed. "I thought my mother would call me a liar if I told her," she said.
The 33-year-old accused denies the charges, which are alleged to have occurred between 1996 and 1999.
The hearing continues before Mr Justice Butler and a jury.