Derry man appears in court charged with raping woman after wedding
Jason McCaferty appeared at a special sitting of Omagh Magistrates’ Court yesterday.
The Belfast Telegraph reports that the 42-year-old, of Winchester Park in Kilfennan, is accused of raping a woman last week.
The incident is alleged to have occurred in the early hours after a wedding in Co Fermanagh.
A detective constable said she could connect the accused to the charge.
She told the court police spoke with the complainant and three witnesses and all are willing to give evidence.
It was conceded no statements have been taken, as guests were trying to keep the incident from the bride and groom, to allow them to get off on honeymoon and not have their event affected.
However, a defence solicitor took issue with the absence of statements or evidence.
He argued that, with only verbal accounts, there was “no evidence before the court”.
It was contended that McCaferty was arrested at 6 am on Friday and found himself charged with rape 12 hours later, without any evidence put to him during interview.
The defence solicitor said: “The evidential test for connection to this very serious charge is not met and is massively prejudicial.
“I believe my client should be released at once without charge.”
District Judge Barney McElholm acknowledged the situation was “certainly very unusual” and enquired if police had obtained bodyworn footage of witness accounts at the scene.
The detective confirmed that an officer did activate a bodyworn camera but the angle was wrong and the sound was very poor, rendering the footage unusable.
The judge held not all evidence would be given in writing and the test for connection to the charge was “the lowest possible hurdle.”
But while understanding the sensitivities of the occasion in question, Judge McElholm pointed out police have a duty to gather evidence.
The detective said bail was opposed on the grounds of potential witness interference.
But the defence solicitor said bail should be granted and his client would abide by all conditions imposed.
Judge McElholm agreed to bail of £750.
He banned the defendant from entering specified areas of Derry.
The case was adjourned with the accused ordered to appear at Enniskillen Magistrates’ Court next month.
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