A judge has urged the case of two men who admitted subjecting a random female to a horrific sexual attack in an underground car park to be treated as an exception by the Criminal BAR Association (CBA) strike action.
All Crown Court cases are currently on hold due to a dispute around Legal Aid fees although there have been some exceptions.
Luis Dos Martins Mariano (19) from Sloan Street and Alcino Soares (20) from Braeside, both in Dungannon, were jointly charged with rape on September 10, 2023.
Back in March 2025 the pair appeared together at Dungannon Crown Court where Mariano admitted rape but Soares pleaded not guilty.
Mariano was remanded in custody while a defence barrister for Soares said the trial would last about one week.
Concerns were then raised over his ability to understand proceedings as, “he came from East Timor aged 10 and has not adequately developed his own language or English.”
Numerous adjournments followed while a range of expert reports were obtained, however, by October 2025, the court was informed Soares was fit to stand trial, but just as a jury was about to be sworn, he changed his plea.
While acknowledging a custodial sentence is inevitable, the defence urged the court not to remand Soares in custody citing his “capabilities and poor communication”.
But Judge Richard Green replied” “I’ve read the police interview transcripts and the defendant appears to have communicated very well and without the assistance of an interpreter.”
Soares was remanded in custody and like Mariano was ordered to sign the Sex Offender Register.
Sentencing was originally to take place in December, however, more reports were required, then the barrister strike action commenced and the case has been adjourned every four weeks since.
At the most recent sitting Judge Green told prosecuting counsel Simon Reid KC: “If there is even the shortest of windows, it would be my hope and expectation this case will be dealt with as a priority.”
He urged “proactive attempts to get an exception given the nature and seriousness of the case”.
Mr Reid advised he would enquire into this and suggested adjourning for two weeks rather than four, as, “if something suddenly happened that could give time to get a date (for sentencing).”
The matter will return to court on June 2.
When the case first reached court a detective explained the victim reported being raped by two unknown males.
They 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”.
Soares “paced up and down, apparently keeping a look out. He laughed whilst Mariano raped the victim. 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 raping her.
Mariano laughed as he videoed the ongoing rape on his phone.
Soares walked away leaving the victim lying on the ground
They got her to her feet and walked her from the car park.
Police then encountered Soares after receiving reports of him following women and filming them on his phone.
Bodyworn video from this was compared with CCTV footage from the car park and Soares was arrested.
A search of his home recovered 10 mobile phones and it later emerged DNA matching the defendant was found on the victim’s clothes.
After caution he replied: “I didn’t rape anyone. No way man. That wasn’t me.”
He insisted all sexual activity was consensual and the victim “wanted it”.
Mariano was arrested a week later with the detective informing the court he was the “instigator”.
