A GALWAY man who vas due for sentence for raping a 16 year old girl in the city in 1993 has been refused permission to change his plea to not guilty.
Paul Cullinane (31), from Barry Avenue, Melrose, pleaded guilty on two occasions last July before the Central Criminal Court to raping the girl on August 23rd, 1993 and had been remanded in custody for sentence yesterday.
When his case was called Mr Justice Carney was told Cullinane now wanted to change his plea and to have a trial by judge and jury.
As a result, his counsel Mr Rex Mackey SC (with Ms Geri Silke) were allowed to withdraw from the case.
After submissions from Cullinane and from Mr Joseph Mathews SC, prosecuting, Mr Justice Carney refused the application saying it would "be flying in the face of justice for the victim" if he allowed it. He set October 4th next as the new sentence date.
During his submission, Cullinane agreed he had a 1982 conviction for aggravated sexual assault for which he was given a six year sentence. He also had other convictions for which he was jailed.
Mr Justice Carney said Cullinane had been given the benefit in this case of the advice of not one but of three leading senior counsel specialising in criminal law.
He had pleaded guilty publicly in open court before a jury panel on July 15th last and again before him on July 24th. The second arraignment was called for by Cullinane's own legal team due to what was called "ambiguity and vacillation", said Mr Justice Carney.
Were it not for Cull inane's two public judicial confessions of his guilt, Mr Justice Carney said he might have some sympathy for his application to resile from his plea.
The victim had the relief of it being represented to her twice that she was not going to be subjected to the trauma of cross examination. The implication of that and the beneficial effects which flow from it had been identified in a judgment by a five member Supreme Court.
"It would be flying in the face of justice for the victim if I allowed the defendant resile from his plea of guilty," Mr Justice Carney added.
Mr Mathews told the court the case was first listed for trial on November 21st, 1995. It was taken out of that date and relisted for December 14th for mention only. Cullinane's defence team required more time and the case was put in again for trial on February 6th last.
Everyone associated with the case including 30 witnesses were in the court on February 6th when the defence indicated a jury would not be required. The case was again relisted for July 15th and Cullinane pleaded guilty for the first time before the jury panel.
Mr Mathews said the case was at "the more severe end of rape cases" and the victim was a young woman of "outstanding courage". While Cullinane had rights before the law, so had the victim and her family. His guilty pleas had brought them a tremendous sense of relief.
"This change he is looking for would have an awful effect on the young woman and her family", Mr Mathews added.
Cullinane told Mr Justice Carney he had no more than 15 minutes consultation with Mr Mackey who he claimed had threatened to withdraw from the case unless he pleaded guilty. He had not wished to plead guilty but wanted a trial by jury.
"This has been hanging over me for three years and I'm begging the court for a trial to prove my innocence", he said.
Mr Justice Carney said he could appeal to the Court of Criminal Appeal. He set October 4th as the new sentence date and assigned free legal aid for Cull inane to pick another solicitor and counsel of his own choice to represent him.