A 47-year old man is to seek to withdraw his guilty plea that he sexually assaulted a female at an apartment on the southern fringes of Limerick city three years ago.
At Ennis Circuit Court, the man – who can’t be named for legal reasons – is to formally apply to change his plea next Monday.
Judge Francis Comerford has fixed the date for hearing of the application after the man said that he wished to change his guilty plea to not guilty as the Book of Evidence against him was not translated into his native Portuguese.
In February of this year at Ennis Circuit Court, the man pleaded guilty to sexually assaulted 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, the man told Judge Comerford that he wanted to withdraw his guilty plea to not guilty.
Judge Comerford said: “There is a valid guilty plea in existence – you do have a legal right to apply to change that but it is up to you to run an application to change with or without lawyers.”
In response, the man – in limited English – said: “I don’t understand the Book of Evidence – I never got it translated. I am very confused if I am charged with sexual assault or rape?”
In response, Judge Comerford said: “Can I clarify – there is no rape charge against you. This court cannot deal with rape charges. The name of the Act in which you are charged does have the word ‘rape’ but that is nothing to do with this court.”
Judge Comerford told the man – who required a Portuguese interpreter for the hearing – “you will need to satisfy me that it is appropriate for your plea to be changed and that doesn’t happen automatically”
Judge Comeforrd fixed next Monday for the hearing and he told the man that prior to that application “you have to tell the prosecution the basis on which you are seeking to change your plea”.
Judge Comerford said that “it would be far better if you have lawyers acting for you”
He said: “It is no way certain that I will grant your application to change your plea – you have to establish that before me.”
