A Judge convicting a 37-year-old man of harassing his ex-partner calling her a ‘bad parent’ said the fact that the man had missed court to go to the Ireland match ‘shows how interested he is’.
Kevin Fleming of Rose Court was charged with breaching a non-molestation order on September 14 last year.
Fleming, who contested the charge against him, did not appear in Derry Magistrates Court; however, his ex-partner was in court to give evidence and was cross-examined by the defence.
The court heard that, on the day in question, Fleming’s ex-partner received two texts from his brother who had been facilitating contact between Fleming and his children.
Fleming’s ex-partner said that the texts accused her of being a ‘bad parent’ and said that she was causing her children ‘psychological damage’ through her behaviour. She said that it was ‘upsetting that he, as their father, would even think that’ and described Fleming as ‘abusive and controlling’.
The woman said that she had suffered mental abuse during her relationship with Fleming and that this was the reason why she sought a non-molestation order (NMO) to stop him harassing her.
She said when she received the message from his brother; she felt that it had been passed directly on from Fleming and she felt how he used to make her feel – ‘distressed, pestered and harrassed’.
She said: “I felt like I was back at the start and that his brother was just passing along his words.
“He knows how those words make you feel, he knows I take them to heart that’s why I asked for the NMO. He knew exactly what buttons to press and how it would make me feel.”
Anxious
The woman said that her children were happy children ‘although they have seen a lot that they shouldn’t have at the hands of Kevin’.
The woman said that she felt that Fleming’s brother had ‘just taken over his place;’ and that she became anxious when she heard her phone alerts and reported the breach and the messages did stop.
Paddy MacDermott, defence solicitor, asked the woman if Fleming’s brother had been a ‘handy’ contact previously for arranging child contact.
She replied: “No, because he had made it clear that somebody had to fight his brother’s corner; he said everything was always on my terms.
“I was willing to deal with his brother but it wasn’t easy. My mother took over my role to arrange contact but then he was very abusive to my mother so another brother now deals with contact.”
She continued: “I never stopped his contact with the children, no matter what my feelings were towards him. It wouldn’t be in the interest of my children to stop them seeing their Daddy, it was an adult issue.”
'Natural concerns'
Mr MacDermott said that the texts that had been sent, which referred to a few issues concerning the children, had been the ‘natural concerns of a father’.
However, District Judge Barney McElholm interrupted and said that he had the text in front of him and that Fleming had accused his ex-partner of teaching the children to keep quiet around him and lie to him and called her care for the children ‘shockingly bad parenting’.
Judge McElholm also said that Fleming said that the mother of his children ‘needs to let go of whatever bitterness or badness that is holding her down as she is causing psychological damage to the girls’.
Judge McElholm added: “He can think that, we are not the thought police, but when he expresses this and that gets passed on, that’s harassment. He can keep his opinions to himself.
“Some men even use court proceedings to harass or pester women.”
It emerged that Fleming had not turned up for court and would not be collecting his children from school as usually arranged as he was attending the World Cup qualifying match between Ireland and Denmark in Dublin.
Judge McElholm responded: “He decided he was taking himself off to a football match rather than attend this contest...that shows how interested he is.”
He added that Fleming would be convicted in his absence. Mr MacDermott said that a conviction could have an impact on Fleming’s working life as a taxi driver, to which Judge McElholm replied: “He should have thought of that first.”
Fleming was ordered to pay a £500 fine and £15 offender levy and has been issued a three-year restraining order.
If you have a story or want to send a photo or video to us please contact the Derry Now editorial team on 028 7129 6600 for Derry City stories Or 028 7774 3970 for County Derry stories. Or you can email gareth@derrynews.net at any time.