A JUDGE has refused a 47 year old man’s application to withdraw his guilty plea that he sexually assaulted a female at an apartment in Meelick three years ago.
At Ennis Circuit Court, Judge Francis Comerford said that the man who required a Portuguese interpreter for the hearing had the benefit of full legal advice when entering his plea of guilty earlier this year and rejected his application to change his plea.
The complainant, accompanied by family members, was in court to hear Judge Comerford reject the application and Judge Comerford has now remanded the man on continuing bail for sentence in September.
In February of this year at Ennis Circuit Court, the man pleaded guilty to sexually assaulting a female at Cratloe Suites, Two Mile Inn, Ennis Rd on March 6th 2022 contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1990 and the case was adjourned for sentence.
However, at his planned sentencing hearing last month the man told Judge Comerford that he wanted to withdraw his guilty plea and instead enter a not guilty plea.
Now after hearing the man’s application to change his plea, Judge Comerford stated that the accused had the benefit of full legal advice with the commencement of his trial being delayed in order to ensure that he had a full opportunity of consultation with a senior counsel, a junior counsel and solicitor.
Judge Comerford said that the accused isn’t indicating that there was any failure to give him legal advice or any errors in how the advice was translated.
Judge Comerford said that the accused had sent a document to the court “and he doesn’t raise anything which would put this case outside the norm and general principles to be considered”.
He said ultimately, the case comes down to the question as to whether the decision to plead guilty was a free and informed decision.
Judge Comerford said that the accused has put forward that it is not.
Judge Comerford said that it was the decision of the accused to plead guilty and stand before this court with the benefit of an interpreter and plead guilty to an offence. Judge Comerford said that there “is no basis in law for me to vacate that”.
Judge Comerford remanded the accused on bail for sentencing on September 29th.
