Woman accused of child sexual exploitation refused permission to change plea

A judge has today refused to allow a woman accused of child sexual exploitation to change her plea to not guilty.

The Nigerian woman had entered a guilty plea on a trial date last February and the case was adjourned for sentencing. She then applied to have her guilty plea withdrawn, claiming she was advised to plead on incorrect advice and that she was “forced to agree with charges she did not agree with.”

Her solicitors and counsel were released from the case and a new legal team appointed.

She then claimed to the court, through her counsel, that she should be allowed change her plea because she did not understand what was being asked to her garda interview due to a language barrier.

The 39-year-old woman, who cannot be named for legal reasons, had pleaded guilty on the morning of her trial at Dublin Circuit Criminal Court to two charges of using a child for the purposes of sexual exploitation at two locations in Dublin on dates between May 1 and 31, 2008.

A judge can allow a defendant to change their plea from guilty to not guilty but Judge Patrick McCartan noted, it is a rarely used application and “must be done judicially and on fair grounds.”

“An application to change a plea is not just there for the asking,” he said.

After viewing portions of a video of the woman’s interview, he rejected the defence application. He said it was clear she understood what was being put to her by gardaí and was able to respond.

The court heard the woman was asked at the start of the interview if she needed an interpretation and said no.

Judge McCartan also rejected the claim that the woman had been given incorrect legal advice prior to her trial. He said she had entered “a well-informed, understood and legally advised plea”.

He remanded her on continuing bail until a sentence date next month.