A JURY has unanimously cleared a County Fermanagh man of a sexual assault charge, following a two-day trial.
Aaron Deering Thomas Brown (39), from Rossfad Road, Ballinamallard, denied committing the offence against a female on August 10, 2017.
The complainant told Dungannon Crown Court she was drinking vodka at home from around 9pm with her friend, before a relative drove them to a bar in Enniskillen.
There she continued drinking vodka along with Sambuca and Tequila shots, and while she couldn’t be sure how many, she described her condition as “very bad” and couldn’t remember leaving the bar around 2am.
She spotted a parked car and believed this was a taxi, although there was no livery.
Brown was behind the wheel and she told him she and her friend needed to go to a specific address.
He agreed to drive them, and the complainant sat in the front seat while her friend was in the rear.
The complainant realised neither she nor her friend had any money left, and on telling Brown this, he allegedly replied: “Don’t worry. I’d never see you stuck.”
On arriving at the address, the friend exited and appeared to expect the complainant to join her; however, she said she wanted go to her own home.
She claimed Brown “wanted to stop for some fun” which she took to mean of a sexual nature.
He allegedly rubbed her arm and leg, while calling her “darling or princess”.
She rejected this and “short of shouting”, stated she wanted to go home. He allegedly responded: “Okay – I’ll not do it if you don’t want to.”
She said Brown drove on and at some point she fell asleep. On waking, she claimed the engine and lights were off, and Brown was sexually assaulting her.
She shouted: “What are you doing to me?” Brown allegedly replied: “We’re having fun.”
The complainant said: “I don’t want to have fun. I want to go home. Can you just bring me home now?”
At this, she alleged Brown apologised, claiming not to realise she “didn’t want it”.
She was “nearly sure” he told her not to tell anyone.
However, this account was rejected by Brown, who noted after the friend was dropped off there was little conversation.
While accepting the complainant was intoxicated, she was coherent when she did talk, pointing out a place she used to work.
She gave clear directions to the address she wished to go to – an area Brown was unfamiliar with.
Asked why he drove the complainant after her friend had exited, he said he felt: “left with no option".
He continued: "She wouldn’t get out. Her friend had already tried to get her out, but [the complainant] was adamant.”
Brown denied stopping during the journey and said “absolutely nothing” about doing so.
Nor was there physical contact of any kind, and he had not called her any pet names.
Defence council pointed out on 43 occasions during police interview, the complainant said she “couldn’t remember”, and accepted her recollection was “less good because of drink”.
She, however, insisted that while there were gaps in her memory, there was no confusion around the alleged sexual assault.
Brown’s DNA was not found on the complainant, and likewise hers was not found on him.
The defence stressed when police asked Brown if his DNA was likely to be found, he was confident in assuring it would not.
The jury took a very short time to return a unanimous verdict of not guilty, after which Judge Brian Sherrard QC told Brown he was free to leave.
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