A Donegal pensioner, who is accused of sexually assaulting a schoolboy has changed his initial guilty plea to one of not guilty.
76 year old, Patrick Curran of Sheshkin Beg, Derrybeg, originally pleaded guilty to a charge of alledgedly sexually assaulting Bernard O’Hehir who resides in County Cork and has waived his right to anonymity on dates unknown between October 1st 1993 and June 1st 1994 at St John’s National School, Sligo.
The defendant’s barrister, Colm Smyth SC along with Keith O’Grady JC instructed by Cormac Hartnett, solicitor told the court that the defendant wished to change his plea from guilty to not guilty.
Judge Francis Comerford ruled that previous reporting restrictions could be lifted and that both defendant and his alleged victim could be named because of the alleged victim’s wish to give up his right to anonymity.
State Prosecutor Leo Mulrooney, instructed by Sligo State Solicitor, Elisha McHugh told the court that the defendant had pleaded guilty to the charge on one count on the indictment at the circuit court on June 15.
The judge told Patrick Curran, who was standing at the back of the court, that this was a very “solemn matter” just as a guilty plea was a solemn matter too.
The judge said the defendant needed legal grounds to back his application.
Judge Comerford said his solicitor could not now act for him.
“Well, I will have to get another legal team,” said the defendant.
“I have great confidence in my solicitor but not in my barristers,” he added.
His defence solicitor Cormac Hartnett said he could not continue to represent the defendant in the circumstances.
Judge Comerford said he was allowing Mr Hartnett to come off record.
State Prosecutor Leo Mulrooney said they would reluctantly accede to the request.
He added that the defendant’s reasons for changing his plea should be contained in an affidavit which should be in court by December 20th and the case could be listed for mention on January 11th.
Judge Comerford told the defendant that the pressure was on him to have the legal affidavit in court by December 20th and if “you don’t have it, it will sit heavily with you.”
The court was told that the affidavit must be filed with the Sligo State Solicitor Elisha McHugh and with the Sligo court office by that date.
The defendant was remanded on continuing bail until January 11th.