Trial of Jeffrey and Eleanor Donaldson due to begin today
by Vincent Kearney, https://www.facebook.com/rtenews/ · RTE.ieThe trial of former DUP leader Jeffrey Donaldson and his wife Eleanor on sexual offences charges is due to begin today.
The proceedings will get under way with the selection of 12 members of a jury for a trial that is expected to last for around four weeks.
There will be a huge media presence at Newry Crown Court as Jeffrey Donaldson arrives as he will be present for jury selection.
The former DUP leader has pleaded not guilty to 18 charges, including one of rape, four counts of gross indecency and 13 charges of indecent assault.
Eleanor Donaldson has denied five charges including aiding and abetting her husband's alleged offending.
She will not be in court during the trial as she has been deemed unfit to face a criminal trial due to mental health issues. The jury will instead be asked to determine whether she committed the offences, but she cannot be convicted or be sent to prison.
The arrest and charging of the couple just over two years ago was a political bombshell.
Two weeks earlier Jeffrey Donaldson had been in buoyant form as he enjoyed the spotlight during St Patrick's events at the White House.
The then DUP leader had been widely praised for taking a political gamble to face down unionist opponents and go back into power sharing at Stormont after a two year stand-off.
He was not aware that back home a team of PSNI detectives were investigating allegations by two women who had contacted the police months earlier.
They alleged they have been the victims of sexual offences by Mr Donaldson and his wife.
The offences are alleged to have taken place over a 23-year period between 1985 and 2008.
Two weeks after returning from Washington, detectives arrived at the Donaldsons' home in Co Down at around 6am on Thursday 28 March.
The couple were taken to the Serious Crime Suite at Antrim Police Station and questioned about the allegations against them.
The following morning, Good Friday, police issued a short statement saying a 61-year-old man had been charged with "non recent sexual offences" and that a 57-year-old woman had been charged with "aiding and abetting additional offences".
Speculation began to swirl as a number of DUP sources said they had not been able to contact their party leader since the previous afternoon.
It was also noted that all of Jeffrey Donaldson's social media accounts had been deactivated.
Shortly before 1pm on the Friday, a statement from DUP headquarters confirmed what was a political earthquake.
It said the party chairman had received a letter from Jeffrey Donaldson confirming that he had been charged with allegations of an historical nature and indicated that he was stepping down as party leader with immediate effect.
East Belfast MP Gavin Robinson, who had been deputy leader, was appointed to succeed him.
There have been many court hearings about the case in the more than two years since those dramatic developments.
It has been over a year since Jeffrey or Eleanor Donaldson have actually appeared in court in Newry as they were not required to do so.
Now only Mr Donaldson will be in courtroom number 1 as the trial takes place.
Ms Donaldson was deemed unfit due to reports from medical experts, with one telling the court that she was found to be "severely depressed", suicidal and suffering with "high levels of anxiety".
A consultant forensic psychiatrist told the court that on the balance of probabilities Ms Donaldson would not be able to instruct her legal team, could not follow the trial proceedings and would not be able to give evidence.
While Jeffrey Donaldson will face a normal criminal trial, his wife will face a trial of the facts.
The jury will be asked to determine whether she committed the offences she is charged with.
They cannot find her guilty, but she can be acquitted.
She will not be court to hear any of the evidence, but her legal team will be present to represent her and cross examine witnesses.
Like all alleged victims of sexual abuse in Northern Ireland, the two women have been granted automatic lifetime anonymity.
That means it is a criminal offence for anyone to publish material that could identify them, with a potential prison sentence of up to two years.
Concern about some material posted on social media prompted the PSNI to issue a statement last week warning of the possible consequences.
"As legal proceedings are ongoing in a high-profile sexual offences case, remember that speculation and commentary online may prejudice proceedings," the statement said.
"Publishing information which could directly or indirectly identify complainants is a criminal offence."
The Attorney General for Northern Ireland has also stressed the need for caution around social media posting and commentary on active criminal proceedings.
"As mentioned in my previous Media Advisory Notice, I am concerned about the potential impact of social media postings and commentary on members of any jury as the hearing date for the trial approaches," said Brenda King in a statement last month.
"I would remind members of the public that they can be found in contempt of court if something they publish creates a substantial risk that the course of justice in the criminal proceedings would be seriously impeded or prejudiced.
"A sentence of up to two years imprisonment can be imposed.
"Users of social media should therefore take great care before posting or reposting clips or commentary and may wish to delete material at this point rather than risk proceedings being brought against them.
"Further, it is a criminal offence to identify the complainants, who must remain anonymous."
It is not yet known how many witnesses will be called apart from the two alleged victims, but the prosecution has indicated its case could take three weeks.