A 40-year old man has received a £500 fine for causing anti-social behaviour which breached an Injunction Order.
Keith McDonald appeared before Liverpool County Court last Friday to answer alleged breaches of the injunction which had occurred on 1st July 2017 when loud music had been playing from a caravan outside his house in Seafield Road and later from inside the property.
Wirral Council's Anti-Social Behaviour Team initially took action against McDonald, an owner occupier living on Seafield Road, New Ferry, following complaints of harassment and intimidation against his neighbour by making loud and excessive noise from inside and outside of his property. Mr McDonald on occasions would leave his radio on continuously for days when not even present.
After a thorough investigation by Wirral Anti-Social Behaviour Team and unsuccessful interventions to bring Mr McDonald’s behaviour to an acceptable level, an application for an injunction was made.
At a full hearing held at Liverpool County Court on 7th March 2016, Mr McDonald admitted to a catalogue of allegations resulting in an injunction being made until further order of the Court together with a power of arrest which remains in force until 4pm on 6th March 2018.
Under the terms of the injunction, Mr McDonald must not - whether by himself or by permitting, encouraging or instructing any other person - engage in or threaten to engage in conduct which is capable of causing nuisance or annoyance to any person in Seafield Road, New Ferry; approach or contact a named resident of Seafield Road, New Ferry or any visitor to that property and using foul or abusive language at a volume which may be heard in or in the locality of his property in Seafield Road, New Ferry.
Since that date reports were received by the Anti-Social Behaviour Team that Mr McDonald had breached the injunction on numerous occasions.
Mr McDonald appeared before Liverpool County Court on 1st February 2017 to answer a total of 35 alleged breaches of the Injunction. After a full trial which lasted 3 days, Mr Recorder McLoughlin determined that Mr McDonald had breached the injunction 33 times and sentenced him to 4 weeks custody for each breach to run concurrently, suspended for 12 months.
On Friday 4th August 2017 Mr McDonald appeared before Liverpool County Court again to answer further alleged breaches of the injunction. He denied these allegations but after a full trial the breaches were proven and he was ordered to pay £500 fine, to be paid within 21 days. If he fails to pay the fine, he will receive 7 days in custody.
Recorder Cowan warned McDonald that his Injunction Order remains in place indefinitely and the suspended prison sentence imposed in February 2017 remains in force and that any further breaches of his order are likely to lead to a custodial sentence.
The injunction remains in force indefinitely until further order. The power of arrest remains in force to 4pm on 6th March 2018.