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Woman tells trial she has ‘no memory’ of alleged rape in Aberdeen restaurant bathroom

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The victim of an alleged rape at an Indian restaurant in AberdeenĀ  has no recollection of the incident, a court has heard.

Mark Caine is on trial at the High Court in Aberdeen, accused of pulling the woman into a toilet cubicle in the former Cinnamon restaurant in Union Street and assaulting her.

The Crown alleges she was drunk and incapable of giving or withholding consent.

The charge also alleges the woman, who cannot be named for legal reasons, was ā€œintoxicated with cocaineā€.

Giving evidence yesterday, the woman admitted she had taken the drug but said it had been days before.

Asked by advocate depute Allan Nicol QC, prosecuting, if she had consensual sex with Caine, she said: ā€œI know I never said yes. I know I would not have.ā€

The jury heard the 22-year-old had been at a house party on February 11 last year before going for drinks at club Prohibition and on to Rainbow Casino.

She later went to Cinnamon after-hours, but told the court she could not really remember what happened after the casino.

Sujath Ali, who was in the restaurant at the time, said everyone was ā€œaround the same levelā€ of drunkenness, describing them all as ā€œjollyā€.

He and chef Khalis Miah both described the woman and 40-year-old Caine as looking ā€œcomfortableā€ in each otherā€™s company.

Both had only met him that night.

Mr Ali said the alleged victim had been ā€œdancing flirtatiouslyā€ in the restaurant and added: ā€œI am confident to say they had their arms around each other.

ā€œTo cut to the chase they were very comfortable with each other.ā€

A friend of the alleged victim was also in the restaurant and told a court she heard noises coming from a staff toilet cubicle and had joked to others they were ā€œhaving a good timeā€.

Concluding they had sex, she confronted Caine claiming the woman was ā€œtoo drunkā€.

ā€œShe was beyond drunk,ā€ she told the court.

The next morning, the women called the police.

PC Nicola Murray told the court the woman was ā€œextremely distressedā€ and ā€œappeared intoxicated with slightly slurred speechā€ when she arrived.

But when taking her for forensic testing, she noted the woman and her friend were ā€œtalking normally and laughingā€ while discussing how her boyfriend – who she had argued with – would find out.

The court also heard the alleged victim’s friend had contacted prosecutors six months later, revealing doubts about her claims.

She told the court: ā€œI was not 100% sure a rape had taken place.

ā€œI know she had a boyfriend. It did not make any sense to me.ā€

Caine, of Ritchie Place, Aberdeen, denies the charge.

The trial, before Lord Armstrong, continues.