The High Court has dismissed a judicial review challenge by Eamonn Dunne to a Circuit Criminal Court judge’s refusal to let him change two guilty pleas to not guilty pleas.
In a judgment delivered on 27 February 2006, Miss Justice Laffoy ruled that the trial judge acted within jurisdiction and with due regard to Mr Dunne’s constitutional right to a fair trial. The court did not itself reconsider the guilty pleas; it reviewed the lawfulness of the judge’s decision refusing the change.
Mr Dunne had faced 10 charges: three of possession of a controlled substance, five of possession for supply and two of possessing a firearm without a certificate. During his trial, after prosecution evidence had been heard, he changed his pleas to guilty on charges involving possession of ephedrine and possession of cocaine for supply. The remaining charges were discontinued by nolle prosequi.
At a later hearing, Mr Dunne sought to change those pleas back to not guilty. He testified that he had understood an earlier offer to concern an air-gun certificate and tablets found in a car, and that he did not understand the difference between that and the charges to which he pleaded guilty. He accepted that “with intent to supply” had been read out as part of a charge. When asked whether his lawyers had failed to explain the charges, he said “possibly”.
The Circuit Court judge had arranged for Mr Dunne’s former solicitor and counsel to receive his written submission and an opportunity to respond, after the prosecution raised the possibility that he was blaming them for the pleas. The judge later granted him legal aid and a certificate for senior counsel. After hearing Mr Dunne’s evidence and submissions, the judge found that he understood what he was doing when he changed his pleas, with the benefit of legal advice, and refused the request.
The High Court said a trial judge has discretion to permit a change of plea before a case is disposed of by sentence or otherwise. The paramount consideration is protecting the accused’s constitutional right to a fair trial. It rejected Mr Dunne’s interpretation of an earlier case as creating an absolute right to withdraw a plea whenever a custodial sentence is possible.
Justice Laffoy concluded that the Circuit Court judge had taken steps to allow Mr Dunne’s position to be tested, heard his evidence and gave a reasoned ruling. The judge’s factual finding was open to him, and it was not appropriate for the High Court to interfere. The judicial review application was dismissed.