Rugby rape trial told: ‘I saw a threesome’
After alleged victim winds up evidence in rugby stars’ rape trial, witness who walked into bedroom on the night tells court that the woman did not appear to be ‘frozen in fear’
‘Asked her if she wanted to join in’
A WITNESS who looked into the bedroom on the night of an alleged rape by Irish rugby players Paddy Jackson and Stuart Olding has told the trial she thought it was a ‘threesome’.
Mr Jackson and Mr Olding are accused of raping the woman in an upstairs bedroom of a house in south Belfast in June 2016.
A third defendant, Blane McIlroy, faces a charge of exposure.
A fourth, Rory Harrison, is accused of withholding information and perverting the course of justice. They deny the charges.
Mr Jackson denies ever having sexual intercourse with the woman who has accused him of rape, the court was told yesterday.
Addressing the complainant in the high-profile case, prosecution barrister Toby Hedworth QC said: ‘It is Mr Jackson’s case that he never had sexual intercourse with you and that the height of what he did was to digitally penetrate you whilst you were performing oral sex on Mr Olding.’ She replied: ‘That’s incorrect.’ The woman, who cannot be identified for legal reasons, was being reexamined by the prosecution as her evidence drew to a close.
She was in the witness box yesterday at Belfast Crown Court for an eighth day.
When asked if she believed Jackson had sexual intercourse with her on more than one occasion, the woman replied: ‘It was more than one occasion because he had already had sex with me before Mr Olding entered the room.’
The court later heard evidence from another woman who was in the house on the night.
Dara Florence said that when she looked into the room where the alleged rape was happening, she thought she had witnessed a threesome.
She said: ‘I closed the door, kind of laughed and said: “I have just seen a threesome.”’
Ms Florence, who did not know the alleged victim, had been partying with friends at the home of fly-half Mr Jackson in the early hours of June 28, 2016. It was when she and a friend went to look for a third intoxicated companion that she walked in on the sex act, the court heard.
Having heard ‘moaning’ and ‘groaning’ from an upstairs bedroom, Ms Florence said she opened the door, mistakenly believing it may have been her missing friend.
Prosecution barrister Toby Hedworth QC asked: ‘You opened the door. What was the result?’
‘Seeing a threesome,’ said Ms Florence. The door was opened for less than a minute, the court heard.
When asked to outline exactly what she saw, the young woman said: ‘Paddy was, like, kind of sitting on his knees and [the complainant], her bum was up against him, having sex, and then her head was down towards Stuart’s [Olding] middle.’
The prosecutor asked: ‘What was he [Jackson] actually doing?’ Ms Florence said: ‘Penetrating her with his penis.’
He was ‘thrusting into her’, she said. When asked about Mr Olding’s position, the woman described how he appeared to have been propped up on pillows.
‘His legs were, like, spread out and her head was in the middle of them,’ Ms Florence said.
The complainant’s head moved when she opened the door, it was claimed.
Ms Florence said: ‘It was like she had turned her head... away.’
Meanwhile, the court heard how
Jackson allegedly asked Ms Florence if she wanted to join in the sexual activity. ‘Did you reply?’ asked Mr Hedworth ‘Yeah, I said, no,’ she said. The barrister continued: ‘So, having declined the invitation, what happened then?’
Ms Florence said: ‘Yeah, so I closed the door, kind of laughed and said: “I have just seen a threesome”, and then we went down the stairs.’
Some time later, Ms Florence and her friend left the party in a taxi, leaving their other companion asleep in an upstairs living room, it emerged.
During cross-examination by Brendan Kelly QC, representing Mr Jackson, she was questioned about two statements provided to police in which she claimed the woman had not appeared distressed.
‘Presumably that remains your recollection?’ asked Mr Kelly.
Ms Florence answered: ‘One hundred per cent.’
She did not have any concerns about what she saw in the bedroom, the court heard. Mr Kelly added: ‘Did you have any concern when you left the room?’ She answered: ‘No.’ The witness was also asked to clarify whether she had seen Mr Jackson’s penis when she walked into the room.
Mr Kelly said: ‘You do not describe seeing his penis, because you did not see his penis is that fair?’ She answered: ‘Yeah.’
‘Did you see (the complainant’s) vagina?’ asked Mr Kelly.
Ms Florence said: ‘I wasn’t in that kind of direction.’
However, she added that the ‘movement’ had suggested to her that sex was taking place.
‘I would say I 100% saw sex, from the movement,’ she said.
In her evidence the complainant has described being ‘frozen with fear’ as reasons for not fighting back or screaming for help when Ms Florence walked in.
Mr Kelly asked: ‘Did you see any sign that [the complainant] was frozen with fear when you were stood watching her on the bed?’ ‘No,’ said Ms Florence. The lawyer added: ‘From what you could see, and please listen to my question very carefully, were there any signs of [the complainant] not consenting to what was going on?’ Again, Ms Florence replied: ‘No.’ During further questioning, by Frank O’Donoghue QC, representing Mr Olding, the woman again stated she did not see anything that caused alarm.
Mr O’Donoghue asked: ‘There was nothing unusual in the position that she was adopting that made you feel her position was forced or contrived in any way?’ She said: ‘No.’ Before concluding her evidence, Ms Florence was again re-examined by prosecution barrister Mr Hedworth QC about the actions of the complainant.
He said: ‘Apart from turning her head, were there any actions?’
Ms Florence said: ‘No.’
The lawyer then said: ‘Were there any signs that [the complainant] was positively consenting?’ The woman said: ‘No.’ Earlier the complainant also rejected suggestions that Mr Jackson’s Ulster team mate Mr Olding, who also denies rape, walked in while she was ‘straddling’ Mr Jackson and that she ‘instigated’ sexual activity with him.
‘That’s completely incorrect,’ said the woman, adding that her trousers were at her knees, making it ‘impossible’ to straddle anyone.
‘I didn’t instigate anything with Mr Olding,’ she said.
Meanwhile, the court also heard that in a note written when she got home after the alleged attack, the complainant described Mr Olding as an imbecile and monkeyish.
The note recorded the names Blane, Paddy Jackson and the description blonde, short, imbecile and monkeyish, the court heard.
Mr Hedworth asked: ‘What does imbecile and monkeyish refer to?’
The woman answered: ‘That was my impression of Mr Olding.’
Paddy Jackson, 26, from Oakleigh Park in Belfast, and 24-year-old Stuart Olding, from Ardenle Street in the city, deny raping the same woman at a property in south Belfast in June 2016. Jackson denies a further charge of sexual assault. Two others have been charged in connection with the same alleged incident.
Blane McIlroy, 26, from Royal Lodge Road, Ballydollaghan, Belfast, denies exposure, while Rory Harrison, 25, from Manse Road in Belfast, also denies perverting the course of justice and withholding information. The case continues.
‘I didn’t instigate anything’