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Conditional discharge handed down to man

A husband who breached a domestic violence protection order by telephoning his ex-wife was handed a conditional discharge by a Magistrate.The man was barred by a court order imposed in June from contacting the woman and their son. However, the 30-year-old phoned her at her home on August 5. He was arrested more than 11 weeks later, on Sunday, October 23.He admitted breaching the domestic violence protection order when he appeared before Senior Magistrate Archibald Warner yesterday.Prosecutor Larissa Burgess told Mr Warner: “I can’t speak to why it’s taken so long for him to be arrested.”She explained the order barred the man from calling his ex at her home, workplace or on her cell phone.When he called, he told her: “I do not give two flying f***s about the protection order.”The man later told police he wanted to find out if there was a way around the order, so he could see his son.Neither his name, nor that of his wife, can be published due to a law against identifying parties to protection orders.Addressing Mr Warner, the defendant said: “I didn’t read through the entire protection order and I had called her and I had been drinking a little bit.”He explained he was contacted by a police detective after calling his wife, and advised that he had breached the order.“It was just me drinking and not having read through the whole thing. I was not violent and did not ‘eff’ her off,” claimed the man.He claimed that what he actually said was: “I don’t care if she has a protection order. She could have the entire police department or the Bermuda Regiment. I just want to see my son.”He also told the court: “It was a mistake that happened once and it will never happen again.”Defence lawyer Leo Mills said it was “not a classic breach” of the order as the man did not approach his victim. He asked Mr Warner to be lenient.The Senior Magistrate replied: “These orders are designed to include other harassments other than physical.”Ms Burgess did not suggest what punishment should be imposed.The maximum sentence that can be meted out for breaching a domestic violence protection order is a $5,000 fine, a year in prison, or both.Mr Warner sentenced the man to a conditional discharge, which means no conviction will be recorded against him as long as he does not offend again.He explained: “In all the circumstances, including the time between the offence and today’s date, I’m going to deal with this by way of a conditional discharge for 12 months on the condition that the defendant must not interfere with the complainant or her child in any way, save by under court order.”