We granted Derrick Clowers’ application for a certificate of probable cause to appeal in this habeas corpus case to determine whether the record supports the finding of the habeas court that Clowers made a knowing and intelligent waiver of his right to counsel at the time he entered his guilty plea. We conclude that the record does not support that Clowers made a knowing and intelligent waiver and accordingly reverse his conviction.
It is undisputed that in February 1994 Clowers pled guilty to one count of robbery by sudden snatching for stealing sixty dollars from the wife of a minister. Clowers received a sentence of twenty years, ten to serve, on the condition that he testify against his co-defendant. Clowers was unrepresented at the guilty plea hearing and elected to enter a guilty plea after an assistant district attorney and a state investigator told Clowers that the State would seek the maximum sentence for the crime unless he entered the plea and agreed to give the testimony against his co-defendant. Clowers contends the negotiation took place in a room outside of the courtroom; the State contends that the meeting took place at a table in the courtroom. Clowers signed a written acknowledgment and waiver of rights form before he made an appearance before the trial judge. Once before the judge the ADA presented the. waiver of rights form. No inquiry was made to ascertain whether Clowers wanted an attorney or whether he was entering his plea freely and voluntarily, with knowledge of the rights he was thereby waiving. The only question asked of Clowers by the trial court before the court accepted the plea was, *464“[Y]ou understand [the ADA] is recommending to me that you get a sentence or a total of twenty, to serve the first ten, and that you would plead if I go along with that. Is that your understanding now?” When Clowers replied, ‘Yes, sir,” the trial court accepted his plea. The trial court then questioned Clowers to determine whether he “understood all of [his] rights in this case.” This inquiry included the trial court telling Clowers that, “you have the right to have a trial by a jury, and you have the right to have an attorney appointed to represent you, but you give up these rights if you plead guilty here now.” The trial court then offered to allow him to withdraw his plea if he “wanted to go to trial.”
Clowers subsequently filed a petition for habeas corpus alleging that his guilty plea was invalid because the trial court failed to advise him at the time he tendered his plea of his right to counsel for purposes of entering his guilty plea and that he was never informed of other constitutional rights. Although the waiver of rights form could not be located for the habeas hearing,1 the habeas court accepted evidence of two waivers Clowers had signed without an attorney for crimes committed in Berrien County. The habeas court denied Clowers’ habeas application finding that in signing the acknowledgment and waiver of rights form, Clowers knowingly and intelligently waived his right to counsel after being advised of that right.
In Boykin [v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969)], the court held that when the accused pleads guilty the record must disclose the defendant’s voluntary waiver of his constitutional rights. The court [will] not presume a waiver, if it [is] not affirmatively shown on the record. Id. at 243 and n. 5.
State v. Germany, 245 Ga. 326, 327 (265 SE2d 13) (1980). The most reliable method of perfecting the record is to conduct an inquiry into the defendant’s understanding of the nature and consequences of his plea. “[T]here is no procedural requirement that the judge personally make all the inquiries provided that they are made in his presence,” id., 245 Ga. at 328-329; and the failure to make such inquiry is not fatal where the record reflects that the defendant was represented by counsel who advised him of all of his rights and the consequences of entering the plea. See Huff v. Barnett, 230 Ga. 446 (197 SE2d 345) (1973). However, especially where counsel is not present it is imperative that the guilty plea record show that the right was intelligently *465waived or that the plea was intelligently entered, because “[w]hat is at stake for an accused . . . demands the utmost solicitude of which courts are capable in canvassing the matter with the accused.” Boykin v. Alabama, supra, 395 U. S. at 243-244. See State v. Germany, supra, 245 Ga. at 328.
Unlike Parks v. McClung, 271 Ga. 795, 798 (524 SE2d 718) (1999), the routine established by the ADA’s testimony that the ADA explained to Clowers the rights set forth in the waiver form was not sufficient to establish a valid waiver of right to counsel in this case. The record does not affirmatively demonstrate that the explanation made by the ADA to Clowers took place in the presence of the court in order for the court to be able to ascertain that Clowers understood what constitutional rights he was foregoing by his plea of guilty. Nor did the colloquy between the court and Clowers establish a valid waiver. Although the entry of a guilty plea is a process, and the trial court may advise a defendant of his right to counsel at any time during the process until the plea is accepted by the court, id., the record in this case shows that before the trial court accepted the plea the court made no inquiry into Clowers’ understanding of the significance of the constitutional rights he was waiving, especially the consequence of a plea without the presence of counsel. It was only after acceptance of his plea, that the trial court attempted to initiate any colloquy with Clowers about his right to the assistance of counsel. The inquiry in this regard fell short, as did the lack of a scrupulous inquiry into Clowers’ understanding of his remaining right to confront witnesses against him, to subpoena witnesses, not to incriminate himself, the minimum and maximum penalties allowed for the crime, or the presumption of innocence.
Accordingly, we must conclude that an affirmative waiver of rights was not established with the result that the trial court erred in accepting the plea, and the habeas court erred in finding to the contrary.
Judgment reversed.
All the Justices concur, except Carley and Hines, JJ., who dissent.The DA indicated that the form is usually given to the judge who sends the entire file to the probation office when the case is concluded.