Published: 00:00, 11 July 2014 |
Updated: 09:15, 11 July 2014
A jilted Ashford man is facing nine months behind bars... if his estranged lover blows the whistle on him again.
Daniel Macken, 25, was remanded in custody after being arrested for whistling at April Lincoln, the mother of his five-year-old child.
He had been ordered to stay away from Ashford International Clothing Shop in the town centre under a court restraining order where she works.
But within hours of being released for a previous breach, he turned up and was caught on CCTV with his fingers to his lips and whistling at the startled ex-lover.
Now Macken, of Bond Road, has been given a suspended nine month jail sentence after admitting his THIRD breach of the court order.
Canterbury Crown Court heard that on each of the previous occasions he was released from jail, he had ignored the order and contacted Ms Lincoln the same day.
Now Judge Heather Norton has told him: “This breach is, of itself minor, going to the shop where Ms Lincoln works, standing in the doorway and whistling at her. But the fact there was minimal contact with her is not the point.”
The judge told him that his victim is living in fear because she “never knows when he will pop up”.
She added: “She has said that she is constantly looking over her shoulder, causing her fear, anxiety and distress.
“And I have to say I believe that is what you intended. You went there on the day you were released from prison and that’s not the first time. That caused her significant psychological harm.”
Alastair Keith, prosecuting, said the couple had been in a relationship since 2009 but it had broken down and magistrates had issued a restraining order last year.
It prohibited him from going to the International Store or within 100 metres of a house in Stanhope,
But on April 11, at 2 pm, Macken went to the outside of the store where his ex-lover was working and whistled at her for “a couple of seconds”. He then walked away.
Mr Keith added that Ms Lincoln later told police that the incident had caused her “real stress” and she was “constantly looking over her shoulder, thinking he would be hiding somewhere and trying to hurt her”.
James Howard, defending, said the break up of the relationship was over his drink and drugs problems, which he was now tackling.
He claimed that even while he was in prison, Ms Lincoln sent him letters which contained “mixed messages”.
“In one of them she says she finds it hard to forgive him, but then reminisces about the time they spent together.”
Mr Howard didn’t read the final paragraph but handed the judge the letter but added that it was signed: “April with lots and lots of kisses”.
The judge gave Macken a nine month jail sentence suspended for two years and ordered him to attend a programme aimed at preventing domestic abuse.
And she warned him that if he breached a new restraining order, which will last until 2016, “you will be brought back in front of me..and you WILL go to prison. Do you understand?”
He replied: “Yes I do your honour.”
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