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Ex-boyfriend jailed for breaching protection order

Magistrate Edward King yesterday jailed a 30-year-old Pembroke man for nine months for breaching a domestic violence protection order.

Mr. King found the man guilty of violating the mother of two of his children's property by being at her front door on January 22 and threatening her when he was confronted.

Mr. King activated a nine-month suspended sentence that Senior Magistrate Archibald Warner had imposed on November 21. He then sentenced the man to an additional six months in prison for the January 22 incident. The sentences are to be served concurrently.

A $3,000 fine Mr. Warner had imposed for the original offence must still be paid by February 28.

Mr. King told the man: "This is a blatant disregard of the orders of the court and as such can't be taken lightly.

"There is no reason whatsoever for the suspended prison sentence not being activated. No reason! "A message must be sent clear as a bell into the community that the orders of the court must be followed.

"If people do not follow the orders of the court we will have anarchy, a breakdown in the order of society.'' Mr. King reached his verdict after two days of testimony from the man, his ex-girlfriend and his current girlfriend and legal argument by Crown counsel Oonagh Goodred and defence lawyer Larry Mussenden.

Noting the man and his girlfriend's evidence were "carbon copies'' Mr. King peeled apart what the pair said on the stand.

Mr. King noted the man's "denials on the stand were in stark contrast to the `no comments' he gave'' in a Police question and answer interview.

Mr. King had noted that during the interview the man volunteered that his car was in a garage for repairs and "so she could not have seen my car''.

And Mr. King hinted the man's current girlfriend tailored her testimony to suit the statement the man gave.

He said: "I can't so respectfully dignify that (her testimony). I do not believe a word of it. She asked the court to believe she and her boyfriend went to Casey's Lounge for four hours and were never together.

"I find that to be impossible but not incredible,'' Mr. King concluded. "I regard her evidence as nothing more than an adaptation of what the defendant told the Police on January 23 -- almost a carbon copy.'' Even with the discrepancies in the man and his girlfriend's testimonies, Mr.

King said of the victim's time in the dock: "She was steadfast in that it was the defendant she saw at her door.

"She saw him through the open louvre window slats,'' he added. "There is no doubt in my mind that she was not mistaken her former boyfriend of four years was outside that door.

"There is no doubt in my mind that an unknown person would have made off immediately once he was spotted,'' Mr. King explained. "I believe everything which she said in testimony.'' To Mr. Mussenden he added: "She didn't have a fleeting glance and the louvres were open -- there wouldn't have been a hindrance to her seeing who it was.

"I am satisfied on the totality of the evidence so that I feel sure that the defendant did violate the Domestic Violence Protection Order of January 2nd,'' he concluded. "I therefore convict you of the offence.'' Mr. Mussenden said the man apologised to the court and his ex-girlfriend and added the man was "extremely remorseful''.

Mr. Mussenden added: "He recognises that he needs to deal with the maxim that you said earlier to not let the heart control the mind which will land the body in trouble.'' The lawyer also tried unsuccessfully to get Mr. King to not send the man to prison and have a social inquiry report to investigate avenues of counselling.

"Prison is not the answer?'' Mr. King exclaimed. "You're asking me to give him three opportunities (to do right)? "What about victim's rights? I've heard all that you've said in mitigation.

But I do not require a social inquiry report to assist me.'' Charges of stalking the woman and violating the DVPO were knocked back by Mr.

King on Monday.