Confusion over what defendant had pleaded guilty to

THERE seemed to be some differences of opinion as to what the defendant had previously pleaded guilty to when the case of Katie Oxenbould (25) of 19 Parkton House, Enniscorthy, came before the court last week.

Oxenbould was charged with the unlawful taking of a car, as well as driving without insurance on February 9 of last year at her address.

A barrister representing Oxenbould stated that there was some uncertainty surrounding the unlawful taking charge as it was his understanding that the complaint was to be withdrawn. Gardaí confirmed that this was the case.

‘But she has already pleaded guilty to both charges,’ said Judge Haughton, to which Oxenbould’s barrister replied that he did not believe she had pleaded guilty to the theft of the car.

‘We can check the DAR (Digital Audio Recording - every case in the District Court is recorded) if you wish,’ the Judge said.

At this point he asked if the gardaí wished to prosecute the case in relation to the theft of the car, if the complaint had been withdrawn. Sgt Victor Isdell said that the Superintendent had asked him to seek the advice of the court.

‘It’s not up to me, I’m not prosecuting the case,’ Judge Haughton replied. ‘If the complaint has been withdrawn, but a plea of guilty had previously been entered, then it’s up to the prosecution whether or not to proceed.’

‘ The prosecution needs to make up its own mind about the case and come back to me,’ he concluded, before adjourning the case until December 5.