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A JUDGE has refused to allow a man accused of murdering three people in Wedderburn to change his guilty plea.
Ian Francis Jamieson, 65, pleaded guilty to the murders of Greg Holmes, Peter Lockhart and Mary Lockhart, but has since attempted to change his plea to not guilty to one of the murders.
Justice Elizabeth Hollingworth refused his request however, and Jamieson will now be sentenced on Friday, July 22 to three counts of murder.
Jamieson’s defence team – his third after sacking his first two legal teams – had attempted to argue he was not of sound mind between April 1 and 5, when he made the guilty pleas.
Jamieson maintains he acted in self defence to the murder of Greg Holmes, and claimed he was stabbed in the leg with a syringe during the struggle despite police finding no evidence.
On Monday, Justice Hollingworth had to consider whether a miscarriage of justice had occurred, which would allow for a change of plea.
She said there was not enough evidence to persuade her that Jamieson should be allowed to change his plea.
“The application to set aside the plea of guilty will be refused,” Justice Hollingworth said.
“I have had the opportunity both of the written submissions before the application was heard, affidavits, reports, transcripts, et cetera, so this isn’t a decision made on the spot.
“But there’s nothing that (defence counsel) Mr Desmond has said either in his supplementary written submissions or orally today that would persuade me that there would be a miscarriage of justice in requiring the plea to stand.”
Mr Desmond had earlier attempted to argue that Jamieson’s guilty plea was not “a true admission of guilt” given a perceived “significant cognitive defect”.
He said the fact Jamieson always stated his innocence to the murder of Mr Holmes should allow him to change the plea.
“The evidence is clear he’d always wanted to fight, go to trial on the Holmes’ murder trial,” Mr Desmond said.
“Despite having been inconsistent on the other two counts, he’d always maintained he was acting in self defence and was going to plead not guilty on the Holmes’ charge.”
Prosecutor Andrew Tinney said the fact Jamieson had repeatedly stated his guilt to police in the aftermath of the murders showed he always believed he was guilty.
“He wouldn’t have said what he said to the police in the context of what he knew he had done if he didn’t think he was guilty, and he would not, with the legal advice that had been provided to him where the elements were clearly spelt out, he knew that self defence could be a defence to this crime,” he said.
“He would not have pleaded guilty to that crime if he didn’t believe himself to be guilty.”
Jamieson will appear at a further plea hearing on July 20, before sentencing on July 22.