A pest who repeatedly flouted a restraining order and continued to plague his ex-partner with texts and a phone call has narrowly escaped being put behind bars.
Alan Sheeley, 51, of Park Road, Buxton, was originally made subject to a two-year restraining order, according to Chesterfield magistrates’ court, after committing a racially aggravated assault.
But prosecuting solicitor Becky Allsop told the court on November 23 how Sheeley’s latest contact with the complainant meant he had now breached his restraining order five times.
Mrs Allsop said: “His previous convictions include a racially aggravated assault and that led to a two-year restraining order and since then there have been four breaches relating to this complainant and this is the fifth.
“The complainant provided a statement saying she received texts and a phone call from the defendant’s phone. She said they had been in a violent relationship in the past and she was aware the defendant was subject to a restraining order.”
The texts had been written in the third person to give the impression someone else had sent them on behalf of Sheeley, according to Mrs Allsop.
She added that the texts claimed the complainant had destroyed Sheeley and played a part in the loss of his two German Shepherd dogs.
The court heard how Sheeley had only been released from prison in October and his dogs had been handed to the RSPCA and one had to be put down and the other had to be rehomed.
Sheeley originally told police that friends had been round to his flat and they were helping him get over the loss of his dogs and someone else must have used his phone to send the texts.
However, Sheeley later admitted he made the texts and the phone call in November and pleaded guilty to breaching the restraining order.
Defence solicitor James Riley said: “These dogs were his pride and joy and previously they had been housed with Bunting and Riley solicitors but the RSPCA said they had to be sent to them. Mr Sheeley acknowledges he only has himself to blame and he needs to stop all contact. His mind was on the dogs and then he turned to the complainant and sent the texts.”
District Judge Andrew Davison sentenced Sheeley to 24 weeks of custody suspended for 12 months with rehabilitation, a thinking skills programme and a 16 week curfew.
He must also pay £100 compensation, £85 costs, an £80 victim surcharge and a £180 courts charge.