A NORTH Cumbrian man who encountered his ex-partner on a town centre street flouted a court order by shouting: “Are you not speaking to me?”
The question – yelled across New South Watt Street in Workington – amounted to a breach of a court restraining order which had banned Mark Homer from having any contact with the woman whatsoever.
As a result, 44-year-old Homer, who has recently been living at Cumberland Court, Denton Holme, Carlisle, was arrested and kept in custody for three and a half months, the city’s crown court heard.
The defendant pleaded guilty to breaching his court order.
Prosecutor Kim Whittlestone said the order was imposed on November 13, 2020, preventing contact with the protected woman. But on November 17 last year, the woman went out with a friend in Workington.
“She was walking towards her home address on New South Watt Street,” said the barrister, “when he called over to her, saying: “Are you not speaking to me then?” The woman refused to respond.
Instead, she contacted the police.
When officers spoke to Homer, he denied any wrongdoing, claiming that the allegation was malicious and untrue. Miss Whittlestone said Homer had an extensive list of previous convictions, which included harassment and violence.
She mentioned two previous convictions for breaching a restraining order, the first time leading to a 10-week jail term and the second to a 20-week term. The order he flouted is in place until next year, added the barrister.
Brendan Burke, defending, said the latest breach was nothing more than a comment and suggested a sentenced that would allow for Homer’s immediate release would be appropriate, given that he had been in custody for three and a half months.
Judge Nicholas Barker said people often made the mistake of focusing on the protection such orders give the people who benefit from them and question whether that protection was appropriate or not.
“Restraining orders are orders of the court,” he told Homer.
“They are imposed by the court and any breach of a court order is a challenge to the court’s authority; and that is what you have been doing repeatedly.”
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Soon after his release from custody, Homer had committed the offence. While it was not an aggressive, or intimidatory act, his yelled question had breached his restraining order and he had known that when he did it.
The judge imposed four months custody, noting that Homer was likely to be released immediately given the time he has already been in jail on remand. Judge Barker added: “If you are stupid enough to breach it, we will just keep locking you up.
“It’s your choice.” The judge also extended the restraining order by a year, so it will now run until May, 2024.
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