Court hears a decision had been made that evidential test in case has not been met, resulting in decision to discontinue prosecution
Giving evidence during a previous hearing, Det Con McAnulty outlined how the trio were arrested shortly after the night porter at the Balmoral Hotel made a 999 call just after 3am on April 2nd when the complainant alleged she had been raped.
According to the police case, all three assaulted her with their fingers and while O’Sullivan is alleged to have forced her to perform a sex act, the other two are alleged to have had full sexual intercourse without her consent. “All of the males took their turns,” he told the court adding that the alleged ordeal came to an end when the woman was able to run out of the room and down to reception to alert the night porter.In court on Tuesday Mr Mateer confirmed a decision had been made that the evidential test was now not met, hence the decision to discontinue the prosecution.
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