A VENTNOR man was spared immediate imprisonment for harassing a woman — the subject of his conviction for threatening to share sexually explicit pictures of — days after an Isle of Wight court handed him a restraining order not to contact her.
Simon McMahon, of High Street, Ventnor, admitted harassment by breaching a restraining order, namely by sending his ex-partner three emails and a voicemail, on occasions between April 23-29.
McMahon, 57, and his victim had been in a brief relationship last year.
On April 1, McMahon received 12-month probation and restraining orders for assault, harassment, causing criminal damage and making threats to disclose private sexual photographs of her.
Regarding McMahon's flouting of the restraining order, the woman received an email from McMahon on April 23, telling her he was living in a new flat and sent her three pictures of it, plus one of his legs, said Ann Smout, prosecuting, at the Isle of Wight Magistrates' Court.
The following day, she received another, repeating the information, then another, later that day, again showing three images of his flat and another of his face.
She then received a voicemail from McMahon on April 29, saying he wished to return paperwork to her.
When police interviewed him, McMahon admitted the offences.
The victim, in her statement, said McMahon's contact scared her and said she thought any involvement with him was all over.
"But since this contact, I've been scared to go out and I'm worried I will wake up one night and he will be standing over me," she said.
For McMahon, Oscar Vincent said his client had received devastating news from his GP he had contracted Hepatitis B and C.
"The consequences were devastating. His family disowned him and she, understandably, ended the relationship. He was then being accused, on social media, of drug taking and 'sleeping around'," said Mr Vincent.
"Because of his trial by Facebook, his confidence goes and his mental health deteriorates, as a result.
"Some time later, he gets a letter from the NHS, effectively saying 'oops, we made a mistake — you don't have Hepatitis B or C — we got the records mixed up'.
"It had a devastating effect on his relationship and life. Because of the order in place, he was unable to communicate this crucial information to her that his condition was clear."
Through Mr Vincent, McMahon claimed he received a confirmation from his GP on April 25, but was told the news in February, before the restraining order was made, and that the victim did not believe him without proof.
Presiding magistrate, Fay Seabourne, told McMahon the order was in place to give protection and that he caused her distress.
"If you do something wrong again, you will be going to prison," she warned.
McMahon was made subject to eight weeks' jail, suspended for a year, to run alongside his existing orders, with a £128 surcharge and £85 costs.
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