Case 44. Cxxx (Assault with conspiracy to rape) 08/07/84
The victim described one of the attackers as smelling of sweat and having blond arm hairs... The blond arm hairs in particular differ greatly in any description than can be attributed to either Duffy or Mr. David Mulcahy. Duffy has vivid red hair whilst Mr. David Mulcahy has dark hair.
Due to Cxxx´s clear recollections of her attacker´s appearances, Mr. David Mulcahy was asked to attend a total of three I.D parades. Not once was he ever selected.
In court P.C. Norman McNamara claimed he returned with Cxxx to the scene of crime. He states during this time he found and seized a piece of sticky tape, which was entered as exhibit ND1. P.C McNamara described this area as being the courtyard of the house. These claims by the P.C are disputed by the statements of both the victim and the owner of the building. Exhibits are given the first 2 letters of the officer finding the ehibit so the exhibit should be NM/1 and not ND/1. Exhibits list went ND/1-ND/2 then NM/3-NM/4. The only excuse offered by prosecution was "it must be a mistake".
Cxxx clearly states that after the night of her attack she never returned to the crime scene. The owner of the building whose ground was used in which to attack Cxxx, clearly states that a police officer seized a piece of tape from the garden and not the courtyard, an area completely separate to where Cxxx was attacked. This tape seized as exhibit N.D.1 was supposedly sent to the finger print lab in the 1980s. None of the requisite recording paperwork has ever been produced by the prosecution to support this.
This exhibit was then returned to the finger print lab for Mr. David Mulcahy´s trial in 2000. In the interim period it was examined at various times by a multitude of experts. In each case the experts stated that no more than six points of matching ridges or loops could be found, thus proving inconclusive.
It was also stated that none of these points could be matched against either Duffy or Mr. David Mulcahy.
Just prior to Mr. David Mulcahy´s trial the head of the finger print lab decided to retest the tape. Despite all prior findings he suddenly found nineteen points of match, all of which HE attributed to Mr. David Mulcahy.
The piece of tape was also tested for DNA. This successfully yielded a profile.
Upon cross-reference though, no match could be made to either the victim, Duffy or Mr. David Mulcahy.
SENTENCED WITHOUT ANY PROOF!