A teenager accused of subjecting a random female to a horrific sexual attack in an underground car park while his friend kept watch has been returned to custody after breaching bail for the second time.
Alcino Soares of Braeside and Luis Martins Dos Mariano from Sloan Street, both aged 18 and from Dungannon, are jointly charged with rape, sexual assault and aiding and abetting rape.
A detective constable previously told Dungannon Magistrates’ Court the complainant reported being raped by two unknown males on September 9 last year.
She had been out with friends when the males approached and walked her – one on either side – to an empty underground car park 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. 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.”
Court was told she stumbled away, but Soares approached and pulled down her lower clothing before allegedly raping her. Mariano reappeared and, while laughing, seemingly took a photo or video of the alleged ongoing rape on his phone. Soares walked away leaving the complainant lying on the ground, slumped over on her left-hand side.
Mariano allegedly got the complainant to her feet, before subjecting her to another sexual assault. Both males then walked her from the car park.
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 footage from this incident was compared with CCTV footage from the car park 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 was suspected of being the “instigator”.
Objections to bail were repeated with the detective stating, “If convicted there is the potential for a lengthy custodial sentence which he may try to avoid by fleeing. There is strong public feeling as a female has endured a well-publicised, horrific ordeal and ultimately wants the offenders brought to justice. If released, the fear it would instil in the community would be monumental. The details are both sensitive and distressing. CCTV shows the predatory nature of this carefully considered act, with each appearing to keep watch for the other as the abhorrent behaviour was carried out. We believe the defendant presents a high risk to the public, specifically young females.”
Mariano was, however, granted bail chiefly because of his age at the time.
The case is moving toward committal for trial, however, Soares was arrested last week when his G4S tag imposed as part of High Court bail conditions showed he was in breach.
He appeared before Enniskillen Magistrates’ Court where it was disclosed this was the second time bail had been breached.
The detective explained on August 11 Soares left his address outside his curfew time for approximately 15 minutes.
When spoken to by G4S he claimed he had “gone outside for a smoke as his mother does not allow him to smoke in the house”.
Objecting to bail the detective said this is the second breach of a similar nature since released by the High Court, the previous instance occurring in June.
A defence solicitor told the court: “It is accepted this is a very serious case, but the High Court did determine the defendant was suitable for bail in January. I appreciate the court will be dismayed at this second breach; it should be stressed he had returned when G4S checked.”
He added Soares “had been smoking outside but close to the house. His mother told him to move down an entry way which unfortunately left him too far away for the tag to pick him up. It was trivial in nature although it is conceded given the seriousness of the case he needs to be doing better and is at risk of bail being revoked.”
District Judge Alana McSorley, however, refused and Soares was remanded in custody to appear again by video-link next month.
