Waringstown man, who sent ex 'distressing messages', barred from developing new relationships without Probation approval, Craigavon court hears

David Evans, aged 51, from Cambrai Heights, Waringstown, was accused of harassment of a woman and persistent improper use of public electronic communication network to cause anxiety on January 9 last year.

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Evans’ lawyer said his client was convicted in his absence on January 30 this year. A Prosecutor told District Judge Natasha Fitzsimmons the defendant “failed to attend” the hearing at which the complainant gave evidence.

Police had received reports from Evans’ ex-wife of “unwanted and distressing” messages via Facebook. "She told police he had a history of harassing her in the past,” said the Prosecutor who read out some of the messages to open court.

When Evans was arrested he said he didn’t think there was anything “really offensive in those comments”.

Evan’s lawyer said: “A small number of ill-advised Facebook messages. There is a background here involving a marital breakdown.

"It was a 15-year marriage. He has mental health issues and he suffered the loss of his family as a result of the breakdown of his marriage,” said the lawyer.

"He is a former member of the armed forces and suffers from PTSD. He receives help from a veterans’ charity to help him cope. Everything has taken its toll on this gentleman,” said the lawyer, adding he has physical issues after falling from a roof in May last year, suffering a broken back and he now relies on crutches and is in receipt of PIPS.

The lawyer added that Evans was previously a lorry driver. “His entire life has been turned on his head somewhat,” he said, adding Evans claimed he didn’t attend the contest because of his physical condition.

He said Evans accepts he sent the messages and shared part of the pre-sentence report (PSR) which says the defendant “presents as someone whose mental health and emotional well-being has potentially impacted on his reasoning and thinking resulting in an eschewed perception of his own reality”.

District Judge Fitzsimmons said: “It does go on to say he presents with accepting limited liability for the offences, having engaged in victim blaming and sees himself as a victim.”

The lawyer, who said his client doesn’t have any substance abuse issues, replied: “There are negatives within the report.”

He said Evans has never had the opportunity to take part in a Community based sentence although admitted Community Service might be beyond his capabilities and urged the District Judge to consider a Probation Order. He read part of the PSR which suggested this might help Evans engage in programme work to “challenge any negative attitudes and beliefs around women”.

District Judge Fitzsimmons said: “You do have an horrific record for committing offences against the victim in this case.”

Referring to the PSR, she said: “The report, while there are positives in it, it does give me great concern about your attitudes towards women but also that you still engage in victim blaming.”

She said she had considered custody but decided on a two-year Probation Order. He is also barred from developing any personal relationships without notifying his supervising officer. She also put in place a Restraining Order for the victim for two years.