Inverness Cathedral bench sex couple bid to change guilty pleas
A Polish couple who were due to be sentenced for having had al fresco sex on a bench in front of Inverness Cathedral have tried to retract their guilty pleas.
The pair had their sentences deferred for background reports for committing an act of public indecency.
Inverness Sheriff Court heard last month how witnesses walking from Ness Walk into Bishop’s Road one evening last June saw Edyta Hydzik and Mariusz Kaminski sitting on a bench close together and they observed Hydzik put her hand down the front of Kaminski’s trousers.
Sheriff Andrew Miller was told Hydzik (41) began to perform a sexual act on 39 year-old Kaminski.
"The witnesses began to shout to tell the accused to stop what she was doing."
But depute fiscal Amanda Ms Mitchell said the woman continued.
The two witnesses then walked towards the Columba Hotel and having contacted the police they were waiting for them to arrive.
Ms Mitchell said they then observed Hydzik climb on to the lap of Kaminski and straddle him.
"She was moving up and down and both witnesses considered this to be the two accused were having sexual intercourse."
She said when police arrive the pair were still sitting on the bench and they were arrested and taken to Burnett Road Police Station.
Hydzik of Glendoe Terrace and Kaminski of Smithton Park admitted at court on February 18 through an interpreter that on June 5, 2013 they committed acts of public indecency and engaged in sexual intercourse in Bishop’s Road, Inverness.
Sentence had been deferred until yesterday (Wednesday) for background reports.
But solicitor Patrick O’Dea representing both accused told Sheriff Miller: "Both are now maintaining they were innocent of the crime they previously pled guilty to."
Mr O’Dea said there were also certain remarks in the report which may indicate ‘there was a difficulty in translation’.
"The remedy, if there is one, would be to withdraw the guilty pleas and proceed to trial in due course."
Sheriff Miller told Mr O’Dea it would be open to the court to defer to allow both to take further legal advice.
However he added: "There is criteria the court has to apply given the fact both accused had legal advice and an interpreter at the hearing when their pleas were tendered and the facts of the case were explained by the prosecution."
Mr O’Dea who represented Hydzik and stood in for Kaminski’s solicitor, said the circumstances made his position untenable and he would have to withdraw from acting for either accused.
Depute fiscal Karen Smith said the Crown’s position would be to oppose the motion for a change of plea but that would be a matter for the Sheriff to rule upon.
Sheriff Miller told Hydzik and Kaminski as matters stood the pleas of guilty would remain on the court record.
But he said he would continue the case to another hearing for sentencing until April 23 which would give both the opportunity to seek further legal advice.
"The court will then decide if they will allow the pleas to be withdrawn," he said.
