A divorced dad who has been repeatedly ordered to stay away from his ex-wife has appeared in court again after he tormented her by sending messages via a banking app.
Christopher Clark used the reference box on the payment screen to send his ex 16 messages, including an invitation to breakfast.
But in doing so the 37-year-old was breaching a host of court orders put in place to keep him away from the woman, who he’d previously been convicted of stalking.
Clark was originally banned from contacting his then-wife in October 2020 after a long-drawn separation, during which time he refused to believe their relationship was over.
Last July, he breached the non-harassment order by bombarding her with dozens of calls and messages and even a video of him serenading her during a 10-day campaign of stalking.
Back in trouble
He was again banned from contacting her and even spent five-and-a-half months in prison on remand for that offence.
He returned to the dock at Aberdeen Sheriff Court this week and admitted breaching the order again by sending small messages attached to low-value bank transactions.
Between November 30 and December 23 last year he sent 16 payments over digital banking while attaching messages within the word-restricted message option.
He wrote what appeared to be sympathy messages and a breakfast invite as he paid money each time with amounts ranging from £1 to £45.
Fiscal depute Lydia Ross said: “The complainer received a number of transactions and with each transaction, there was a reference attached. There was a total of 16 low-value transactions sent in order to formulate a message.”
What the messages said
The woman printed off the payment list and took the messages to the police.
One string of notes read: “So sorry about mum.
“Was pure … 2 divine
“Great loss
“Thoughts are with you all
“Coffee and brecky on me
“Dobbies this week if you can
“Taking hours lunch in the morning
“Pay you the morn
“Hope you can make it
“Take care.”
He admitted breaching his non-harassment order, breaching a bail condition and behaving in a manner that caused his ex fear or alarm.
Defence agent Laura Gracie said none of the messages were abusive or threatening but they did cause the woman upset.
‘He seems to be back on track’
“One says ‘Santa’ and has £45 attached to it. He is obviously sending money for his daughter for the complainer to use,” she said.
“When asked why he did it, he replied ‘I am sorry, I understand that I shouldn’t have done it.’
“Whatever mess he was in previously, he now seems to be back on track. He is working full-time, he is presenting well and he’s abstained from alcohol and drugs for one year.”
Sheriff Lesley Johnston handed Clark, of Hayton Road, Aberdeen, 120 hours of unpaid work and a three-year non-harassment order preventing him from contacting his ex.
Sentence criticised
But the chief executive of Scottish Women’s Aid, Dr Marsha Scott has criticised the sentence.
She told The Press and Journal: “Most stalking occurs within the context of domestic abuse and stalking is a very high-risk indicator in domestic abuse cases.
“These are abusers who feel justified in their constant harassment and abuse of their partners, ex-partners and children.
“Non-harassment orders are frequently used in response to stalking and community service is often the sentence.
“At Scottish Women’s Aid, we have long been concerned that the wide use of community sentences means that many women and children experiencing post-separation abuse and harassment are no safer after the conviction of their abuser.
“When breaches of the very orders intended to prevent further abuse are met with just more of the same – more community service, another non-harassment order – it’s no wonder that victims/survivors lose confidence in a criminal justice system that fails to hold offenders accountable and continues to put children’s and women’s lives at risk.”
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