Failure to seek out and preserve evidence of recent complaint did not render a rape trial unsatisfactory

Appellant convicted of rape – sentence of six years’ imprisonment imposed – backdated sentence – complaint made the evening of the day after the offence – Sexual Assault Treatment Unit – no evidence adduced of recent complaint - complainant gave evidence at trial that she made a complaint to her friends before reporting it to An Garda Siochana – no statements were obtained from these people, who were with her at the station – importance of evidence of these two friends – engagement was unknown to the defence – failure to record the presence of witnesses and to obtain statements – witnesses relevant to consistency and credibility of the complainant – application to quash the conviction – medical evidence of injury – communication by text between the appellant and the complainant – would have been open to the appellant to cause the complainant’s friends to be sought out – could have cross-examined the complainant as to what she said to these people – complainant did not mention to Gardai that she had told those accompanying her about the offence – no reason to suppose she had – debatable as to whether or not they were in breach of their obligations to seek out evidence – departure from their duty – Gardaí ought to have approached the friends with a view to ascertaining any engagement and sought statements – whether failure to do so gave risk to a real risk of an unfair trial – court not satisfied that the absence of information that such person had engaged with the complainant prior to her arrival at the Garda station renders the trial unsatisfactory – appeal dismissed.