High Court Judge Justice Daniel Goundar has set aside the guilty plea and order for non-conviction of former school teacher Sheenal Lal and ordered a re-hearing before another Magistrate in the Rakiraki Magistrates Court.
It is alleged that Lal assaulted a 6‑year old female student on 10th May 2018.
Lal had claimed that she was told by the Magistrate to plead guilty and that there would be no consequences.
She had claimed that her plea was taken in the absence of her counsel.
While giving his judgement, Justice Goundar says after the plea was recorded, the learned magistrate proceeded to mitigation (mistakenly recorded as ‘Findings’) without making any enquiry as to whether the accused was pleading guilty freely and voluntarily, without pressure, promise or inducement.
He says although there is in the court record a separate page of summary of facts prepared by the investigating officer in support of the charge, the record does not state that the facts were tendered or admitted by the accused.
Justice Goundar says the accused may well have pleaded guilty to the charge, but she may not have fully comprehended what that plea of guilty involved if she did not admit the facts in support of the charges.
He says the magistrate made a procedural error by not acting diligently to ensure that the accused’s plea of guilty was unambiguous and was made with full understanding of all it implies.
He adds the accused was prejudiced by the lack of legal representation and the proceedings were unfair adding there is a doubt whether her guilty plea is a true reflection of guilt.
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