Two teenagers accused of subjecting a random female to a horrific sexual attack in an underground car park while each kept watch for the other, have been returned for trial
Appearing for a committal hearing were Mariano Luis Dos Martins (18) from Sloan Street and Alcino Soares (19) of Braeside both in Dungannon who are jointly charged with rape on 10 September 2023.
Martins faces a second count of rape as well as attempting to possess an extreme pornographic image.
Soares is further charged with sexual assault and stealing a SIM card from the complainant.
A prosecuting lawyer told Dungannon Magistrates’ Court there is a case to answer which was agreed by District Judge Francis Rafferty.
Both accused spoke only to confirm their identities and that they understood the charges.
They declined to call witnesses or give evidence on their own behalf at this stage in proceedings.
Judge Rafferty remanded the pair on strict continuing bail to appear for arraignment at Dungannon Crown Court on February 11.
A detective constable previously explained he complainant attend with police to report being raped by two unknown males.
She had been out with friends when the males approached and walked her – one on either side – to an empty underground carpark in Dungannon, where she was taken to a rear corner and raped by one of the males, while the other, “watched and laughed.”
The detective said Soares “paced up and down, apparently keeping a look out”.
The detective added: “He laughed on a number of occasions whilst Mariano appeared to be raping the injured party. At some points she appeared completely limp and may have been unconscious. She was unable to hold up her head and was ragdoll-like.”
She stumbled away, but Soares approached and pulled down her lower clothing before allegedly raping her.
Mariano reappeared and while laughing, allegedly took a photo or video of the ongoing rape on his phone.
Soares walked away leaving the complainant lying on the ground, slumped over on her left-hand side.
Mariano got the complainant to her feet, before allegedly subjecting her to another sexual assault.
Both males then walked her from the carpark.
On September 23, 2023 police encountered Soares after receiving reports of him following women and filming them on his phone.
He provided officers with false details although later corrected this.
Bodyworn video from this incident was compared with CCTV footage from the carpark and Soares was identified and arrested.
A search of his home recovered 10 mobile phones and it later emerged DNA matching the defendant was found on the complainant’s clothes.
After caution he replied: “I didn’t rape anyone. No way man. That wasn’t me.”
During interview he insisted all sexual activity was consensual and the complainant, “wanted it.”
Bail was refused however he was later released by the High Court.
Meanwhile Mariano was arrested a week later and the detective informed the court he is suspected of being the “instigator”.
He was granted bail chiefly because of his age at the time.
Lawyers for both accused previously informed the court they are putting forward a defence that all sexual activity was consensual.