Donington man Paul Morton spared jail after breaching restraining order through WhatsApp messages to ex-partner
A man was spared jail despite his 'pathetic pleading' towards his ex-partner being in breach of a restraining order.
Paul Morton, 48, of Northorpe Road in Donington, appeared at King's Lynn Magistrates' Court last Thursday charged with four offences.
He pleaded guilty to three counts of harassment by breaching a restraining order, as well as one of breaching a non-molestation order.
The restraining order was imposed by Norfolk Magistrates' Court on November 17 last year, and related to an ex-partner of Morton.
The non-molestation order was made by Peterborough Family Court on October 18.
All of Morton's offences took place in King's Lynn.
Crown prosecutor Denise Holland said that on January 8, Morton sent a WhatsApp message to his ex-partner. It read: "How can you treat me this way? Do you think I actually deserve this?"
He sent further messages on the social media platform to the same person on January 20 and February 2, breaching his restraining order on all three occasions.
Ms Holland told magistrates that on February 21, Morton then sent a video and made WhatsApp calls to his ex-partner's mother, breaching the non-molestation order.
In mitigation, Morton's solicitor Lucy Brakewell said a number of messages had been sent and deleted so nobody could see them, but that one 'got through'.
She said that they were not threatening and that they contained 'no violence'.
On the subject of Morton's messages, Miss Brakewell added: "He accepts that to play the victim is wrong.
"He accepts he is not the victim and cannot act like a child when she wants to end contact."
On the defendant messaging his ex-partner's mother, Miss Brakewell said Morton had wanted to 'sort things out' - which she deemed 'clearly inappropriate but again not violent'.
"He knows he has got to move on and he is making steps to move on," she added.
Miss Brakewell made numerous references to what she described as Morton's 'pathetic pleading' through his messages.
The solicitor also told magistrates that Morton has some issues with alcohol, saying he 'doesn't wake up needing a drink, but once he starts to drink he can't stop'.
She went on to tell them that Morton is a father and is currently in a relationship with another woman, who attended court to support him.
"Social services have looked into him living with her and they say they have closed the case," Miss Brakewell said.
On Morton missing out on probation meetings which followed a previous harassment offence, the solicitor said it was due to him being unwell.
She argued that magistrates could deal with the offences by way of a suspended sentence, saying that Morton had previously put paid work before his community order and would work to rectify that if given the chance.
A statement from the defendant's current partner was read out in court, in which she mentioned 'how difficult it was' when his previous relationship ended.
She said she did not condone Morton's actions due to the fact it 'might make her (his ex-partner) upset', but insisted she would not have allowed him to move in with her 'if I had any concern of violence or threatening behaviour'.
"I believe he will now learn his lesson," it concluded.
Statements supporting Morton from his cousin's husband and a security officer were also read out.
The latter said: "I find him to be kind and thoughtful."
Magistrates, led by Paul Kidd, opted against immediately sending Morton to prison for his offences.
Instead, they handed him 16 weeks in custody, suspended for two years.
Mr Kidd said: "The reason for doing that is that we have listened to positive references about yourself."
He also said Morton 'being up front' with his current partner contributed to their decision.
Magistrates revoked the community order he was serving at the time, and put a new one in place to last for the duration of his suspended sentence.
"If you breach any of this you will go to prison, mark my words," Mr Kidd said.
"I want you to go out of that door today thinking 'if I mess up, I am going to prison'."
Morton was also handed a new three-year restraining order against the victims of his offences.
He was also told to pay £145 in legal costs and a £154 victim surcharge.
