Wed, 11 Aug, 2021 – 06:39 Tom Tuite
Two men have been refused bail after they were accused of a raping a young man who was filmed while forced to perform sex acts on them beside the GPO in Dublin.
The victim was incapable of consenting and had been pushed into an alley and was allegedly attacked just 25m from O’Connell St, Dublin District Court heard.
The men, aged 23 and 26, from eastern Europe, were charged with raping the man, who is also in his 20s, at Prince’s St, Dublin 1, in the early hours of Monday.
The pair, who cannot be named for legal reasons, appeared before Judge Brian O’Shea on Tuesday.
Objecting to bail, Detective Garda James Campbell cited flight risk concerns and the seriousness of the case.
The alleged sex attack took place 25m from O’Connell St, lasted four minutes and was captured on CCTV, he told a contested bail hearing.
Det Gda Campbell said footage showed the complainant, who was intoxicated, stumbling along O’Connell St Upper.
He could be seen speaking to passers-by, including the two defendants and a friend of theirs, the court heard. They were not known to him.
It was alleged that while speaking to them “pushing and pulling was observed” before he walked away. The young man was visible on CCTV passing the GPO followed by the three males.
The two defendants were observed running until they caught up with him at the junction with Prince’s St. There was a slight struggle and the 23-year-old man was seen on CCTV leading him down Prince’s Street.
The court heard the young man was pushed into a fire exit alcove of a building in the alley. Security camera footage showed him being forced down onto his knees.
It was alleged the younger defendant then removed his own trousers. His penis could be seen and in the footage the co-accused “can be seen laughing and watching
The court heard the co-accused then became involved, taking turns in seeking oral sex. The defendants’ friend used his smartphone to make a video.
He has given a statement to gardaí in which he outlined that they put their penises in the man’s mouth “one after another”, Judge O’Shea was told.
Det Gda Campbell said after four minutes, a passing patrol car observed them and intervened.
The younger defendant’s penis was still exposed when he was detained at the scene. The second man fled but he was caught after a foot chase.
He claimed to gardaí it was consensual.
The detective said the pair travelled around Europe engaging in casual work and they had no ties to this jurisdiction. One of them was due to fly home to visit family on Monday but did not have a return flight confirmed, he said.
The charge is under section four of Criminal Law (Rape) (Amendment) Act, 1990, which can, on conviction, carry a life sentence.
No previous convictions
Pleading for bail, defence solicitor Deborah Cody submitted the pair, who listened to the proceedings with the help of an interpreter, had no previous convictions.
The men who had the presumption of innocence and maintained it was consensual, could face a lengthy period in custody awaiting trial in the Central Criminal Court, the defence submitted.
Judge O’Shea held the detective garda had established grounds for refusal of bail and he remanded the pair in custody to appear at Cloverhill District Court next week.
A book of evidence needs to be prepared by the Director of Public Prosecutions before they can be returned for trial.
Legal aid was granted.