Man withdraws murder plea
4:47pm Wednesday 15th October 2008
A man who admitted murdering a loving mum-of-two now wants to protest his innocence.
Just two months ago Stuart Cummings pleaded guilty to the murder of Kelly McKitten, who was found beaten to death in her home in Pelton Fell, County Durham in February.
The 26-year-old was due to be sentenced this Friday and had been warned he faced life behind bars.
But Newcastle Crown Court heard yesterday Cummings, of Derwent Close, Sacriston, County Durham, now wishes to withdraw his guilty plea.
His barrister Ewan Duff told the court: "The position is the defendant has given written instructions, and clear instructions he wishes to apply to vacate his plea of guilty to murder and that he wishes to have new counsel represent him and new solicitors also."
As a result Judge David Hodson transfered legal aid to a different firm of solicitors and counsel so Cummings can make a formal application to vacate his plea through them.
The judge asked Cummings which solicitors firm he now wants to be represented by.
Cummings responded from the dock: "I haven't got the name of the solicitors excactly but my parents have been in contact with the firm."
Prosecutor Christopher Knox said transcripts from the previous hearing and a written explanation of why Cummings want to change his plea, together with the name of the new solicitors firm should all be presented to the court before the formal application is made.
Mr Knox said: "It is a matter of considerable distress to the family of the victim of this case.
"This ought to have been dealt with by way of sentence on Friday but clearly that is not going to be possible.
"The delay ought to be eliminated as much as possible.
"THe defendant pleaded guilty to murder on the basis of the prosecution opening, which included the allegation of sexual assault and rape."
Judge Hodson ordered the case to be back in court within six weeks for an official application to be made.
Cummings was remanded back into custody.