The High Court has dismissed an attempt by an anonymised accused, K., to overturn a Circuit Criminal Court ruling which refused to let him withdraw a guilty plea to sexual assault.
K. had originally pleaded not guilty. During his trial in June and July 2018, the judge ruled that the jury could hear evidence from two other women who alleged that K. had sexually assaulted them while they were customers at his business premises.
According to affidavit evidence from K.'s former legal team, they advised him that this "similar fact" ruling significantly reduced his prospects of successfully defending the case and that a guilty plea could be taken into account in mitigation. On 3 July 2018, after consulting his lawyers and wife, K. pleaded guilty before the jury.
K. later maintained that he had panicked and that Xanax taken that morning affected his memory and comprehension. The trial judge rejected that account after hearing his application to withdraw the plea. The judge relied on evidence from K.'s former lawyers, a consultant psychiatrist's report and his own observations, finding that K. had capacity, understood the charge and had made a voluntary and informed admission.
K. then sought judicial review in the High Court. He argued, among other things, that the Circuit Court had applied the wrong legal approach and made erroneous factual findings.
Mr Justice Simons held that judicial review was not the appropriate mechanism. It is concerned with jurisdiction, legality and fair procedures rather than rehearing the merits of factual findings. The trial judge had jurisdiction to decide the plea application, had given K. a meaningful opportunity to present his case and had addressed whether the plea was voluntary, informed and compatible with his right to a fair trial.
Any alleged errors made within that jurisdiction could be challenged in the Court of Appeal after sentencing.
The judicial review application was dismissed. The High Court also prohibited publication of material tending to identify K. or any of the three complainants referred to in the proceedings.