Rape trial jury hears recordings of police statements 18/3/10
The jury in the trial of a man accused of raping a teenager in Stornoway has been hearing tape recordings of his police statements.
It is alleged that Shaun Smith, 20, of 39C Lower Bayble, Point, Lewis, raped the girl when she was asleep in the early hours of Saturday 7th February 2009.
At the high court in Paisley this afternoon the crown dropped a second charge, acquitting Smith, an engineering student at Lews Castle College, of assault by alleging touching another female’s leg and placing his arm around her.
On the rape charge, the jury heard claims from prosecutor Graeme Jessop that the girl went to bed drunk after a students’ party in the Bridge Centre flats in Bayhead, Stornoway.
He said she woke up in the dark to find an unknown person, later identified as Smith, in bed, having sex with her.
Mr Jessop said she initially believed it was her boyfriend and they continued having sex but she fled when she woke up properly.
Giving evidence Sergeant Charlotte Fisher agreed the teenager told her: “I pushed this guy off me with my arms. I stood up and grabbed the duvet as I ran out.”
Sgt Fisher said the girl became “distressed and withdrawn” and displayed “closed” body language when asked for details.
Defence advocate Lorenzo Alonzi said: “She says nothing about screaming, struggling, as he put his hand over her mouth.”
The court listened to a taped police interview where Smith insisted “It was fully consented sex. I did not rape her.”
On the recording he said he had been at the Crown and Macneils pubs with friends. They ended the night at Era nightclub and, Donald Ross, a student staying at the flats, invited him there.
Later, at the student accommodation block, he went outside looking for Donald Ross. He went up the stairs to the middle landing and saw a flat door “a wee bit open” and went in he said.
He said the girl woke up when he entered the room, they chatted, “one thing led to another,” he asked about her boyfriend and if she was sure about having sex.
He was heard saying: “Someone knocked on the door she was worried it might be her boyfriend.”
Smith was heard saying the girl answered the door and he gave a description of the person knocking. He maintained he got changed, said goodbye to them both and left.
Prosecutor Graeme Jessop claimed Smith “dramatically” changed his account of how he left the student flats.
He said Smith previously stated to police the girl went off with the person at the door and he remained alone in the flat.
Mr Jessop added: “He admitted later part of that picture was false.”
Defence advocate Lorenzo Alonzi told detective constable Donald Maclennan that there was some confusion at the time and police took statements from “a bunch of drunken kids.”
The police officer agreed that he wrongly told Smith that two men had found him in the flat.
Mr Alonzi said that during police questioning “Mr Smith” comes straight out with an answer without hesitation.”
He asked: “There is not one point where Mr Smith refuses to answer?”
Mr Maclennan agreed: “That’s correct. He answered all the way through.”
The detective constable said he detained Smith at his part time job at the Trading Post (Bayhead Post Office) that Saturday lunchtime.
He said Smith’s response was, ”What ? She said it was OK. She said it was fine. It
was a two-
One juror was excused at the end of today’s proceedings. Lord McEwan said the trial will continue on Friday with the remaining fourteen.