The jury on the case of Jeffrey and Eleanor Donaldson has been sent home for the second day having now deliberated for over six hours.
Jeffrey Donaldson (63) from Dublinhill Road, Dromore denies 18 charges involving two females who were both children at the time, including rape, indecent assaults and gross indecency.
His wife Eleanor (60), of the same address, denies five counts involving aiding and abetting her husband, as well as child cruelty.
Offending allegedly occurred over various dates between 1985 to 2008.
Donaldson stood trial alone as while his wife was originally arrested and charged alongside him she was later deemed unfit.
The charges against her therefore proceeded as a Trial of the Facts – something Judge Paul Ramsey remarked was “The most Googled term last month in Northern Ireland. I can’t think why.”
In these instances, the jury determines if the offences occurred and not if she was guilty.
Prosecution counsel Rosemary Walsh KC had told: “It’s human nature to lock feelings in a box, as a coping mechanism. For some, that box can be left deep inside, gathering dust.”
Complainant A avoided dealing with her experiences until 2023 when she met police and a safeguarding officer at a Presbyterian Church of Ireland building in Belfast to find out what would happened if she made a formal complaint.
This was, said Ms Walsh: “Not a heat of the moment decision. It was long and carefully thought about. It was a huge decision and not made lightly.”
Likewise, Complainant B also buried memories and built a life: “Trying not to be a victim. She blamed herself because she hadn’t done anything all those years ago”.
Both women knew their decisions would have: “Lifelong consequences.”
Turing to Mr Donaldson Ms Walsh said he: “Had no regard for the hurt and pain he caused either woman. The sexual abuse they suffered has consequences that cannot be brushed under the carpet any longer. That is why he is and should be found guilty.”
Mrs Donaldson, said Ms Walsh: “Was aware her husband had a sexual interest in pre-pubescent girls. She either deliberately or recklessly exposed (Complainant A) to danger. She did not intervene. She facilitated the abuse of Complainant B … Albeit a lesser role it is made out and should also be acknowledged.”
Today (Thursday) Judge Paul Judge Ramsey delivered his charge to the jury beginning by pointing out while there have been amendments to laws over the years: “One thing that is never changed is the Prosecution burden of standard of proof. It’s sacrosanct, inviolate and untouchable. The flipside is the defendant does not have to prove anything. That’s not a special rule for the Donaldsons. It applies to every single person accused of a criminal offence. They don’t have to say a word. They can fold their arms, say nothing and ask the Prosecution to prove their case.”
He said Mr Donaldson chose to give evidence even though, “He did not have to. He was in a unique position to all the witnesses who must give evidence. Mrs Donaldson by contrast has not participated in this trial, although she was represented. She’s in a different position. Her legal representatives became concerned and accordingly and properly arranged for her to be seen by a psychiatrist. Ultimately the court was presented with medical reports (and) consequently I ruled she was unfit for trial. She was unable to give evidence, but di give an account to police. However what she said in interview is not and cannot be evidence against Mr Donaldson.”
Bringing his remarks to a close Judge Ramsey said: “You must come to this with a completely clear mind and guard against being swayed by sympathy for or prejudice against one side or the other. It’s easy to have sympathies for young women who, if they are right, have been subjected to sexual assaults as children. It’s also easy to have sympathies for a man or woman accused of serious offences. You may also have strong views on drugs, religion, Christianity or politics which feature in this case. You mustn’t allow any views you hold to play any part in your decision.”
The jury retired to commence deliberations and after three houses, Judge decided to send them home for the day.
Deliberations resumed today (Friday) and continued throughout the day, with just a short break for lunch.
However, by 3pm Judge Ramsey decided to call a halt and sent the jury home again to resume on Monday morning.
