I got it wrong says solicitor

11:40am Monday 13th October 2008

AN INTERNET dater facing an assault charge after turning up in a woman’s bedroom unannounced, may change his plea to not guilty after his solicitor admitted making a mistake.

At a previous hearing, Swindon magistrates heard that Matthew Stafford appeared at the woman’s house in Abbey Meads in April after she tried to end their short-lived relationship.

But now magistrates have been told that the 29-year-old, of Upton St Leonards, Gloucestershire, wants to change his original guilty plea to not guilty.

Terry McCarthy, defending, said: “My application is that the defendant be allowed to change his plea in this matter.”

He said his client was suffering from Asperger syndrome and learning difficulties and following a further letter from a doctor dealing with his client’s condition, he felt he had made a mistake.

“I’m convinced from that information that if Matthew is examined by a doctor he would clearly be found unable to follow the course of proceedings, which is one of the criteria of being unfit to plea,” he said.

“I admit that Matthew was advised by me. That advice in the circumstances appears to have been wrong.”

He said Stafford would have problems understanding what was going on in court because he had difficulties with language.

Amanda Sawetz, prosecuting, said she had not been given notice of the development and wanted more time to respond. “It’s quite difficult to reopen the plea particularly where it was by the solicitor,” she said.

At the previous hearing, it was said that Stafford had met the woman on an internet dating site in February, but she decided to end the relationship soon after.

However, he continued to contact her by text messages and on April 5 texted her to say he was coming to her house.

Later that night she was alerted to Stafford’s presence in her bedroom by her dog. When she tried to phone for help he grabbed her, forced the phone out of her hand and stopped her going to another phone.

She was then hit across the face, causing bruising to her arms and face, but she persuaded Stafford to leave.

Emma Handslip, prosecuting on that occasion, said: “She was embarrassed at what had happened and how she had met the defendant.”

The case had been adjourned for a pre-sentence report.

The probation service said at the hearing that their concerns following Stafford’s pre-sentence report related to a combination of learning difficulties and possible Asperger syndrome, which might make a domestic violence programme wholly unsuitable.

“I would support the CPS that the matter shouldn’t go further today,” said probation officer Gerald Maull.

Court rules state such an application should be made in writing.

Mr McCarthy said it was a matter of him going back to Matthew’s doctor to see if he should see a psychiatrist.

The case was adjourned until Tuesday, October 28.