Man kept in custody for breach of bail

A MAN who escaped a jail term when he appeared in court last week for beating his partner stood in the dock again on Tuesday for breaching his bail conditions.

Robert William Kay, 49, of Ackrigarth in Lerwick, was placed on probation for 12 months and ordered to carry out 120 hours community service by Sheriff Graeme Napier last week.

But as a special condition he was ordered not to contact his victim, who he had admitted assaulting, in any way.

Appearing again, this time before Hon. Sheriff George Henderson, Kay admitted repeatedly phoning her on Monday – less than a week after his last appearance in court.

Procurator fiscal Duncan Mackenzie said that although Kay spoke to the woman on a couple of occasions he made at least 10 calls to her.

One of them was made when the victim was at the police station, and was heard by police officers.

The court heard Kay had been remanded in custody before for his conduct towards the woman, and had a previous conviction for breaking bail conditions.

“It’s difficult to convey the level of threat he poses to this woman,” he said.

“She wants nothing to do with him but it appears he is completely incapable of abiding by any order of the court.”

Defence agent Tommy Allan said Kay took issue with the Crown’s view he had been the one pursuing the relationship.

“The first telephone call lasted for 30 minutes,” he said.

“My client’s reason for phoning her was because as he was driving past her on his motorbike she made a gesture to him, which is generally recognised as meaning ‘phone me’.

“That was a stupid thing for him to do given the background to all of this.”

Asked by Hon. Sheriff Henderson, Mr Allan said Kay had “never suggested” he was confused by the terms and conditions of his probation order.

Adding Kay had already spent 43 days on remand, he said he would be willing to abide by a condition preventing him from entering the centre of Lerwick if he could be allowed bail again.

Hon Sheriff Henderson told Kay it was “extremely difficult” to accept he would not breach any conditions imposed on him.

Remanding Kay in custody, he deferred sentence until Friday, so he could be dealt with by Sheriff Napier.


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