Judge's anger at case dispute (From Tewkesbury Admag)

Judge's anger at case dispute

A BIRMINGHAM man who admitted breaching his restraining order had his sentencing at Gloucester Crown Court adjourned by a disgruntled judge.

Terence Hamilton, aged 40 pleaded guilty to one allegation of going to Annabelle Kinnear's home in Chipping Campden and making 273 phone calls between December 17, 2003, and January 19, 2004.

He has also pleaded guilty to making telephone calls to her and going to her address on May 16 last year and making further phone calls to her in June.

He denied going to her home on July 11 and sending her 236 text messages between December 17, 2003, and January 19, 2004. The prosecution accepted the pleas and those charges have been left on file.

All the charges allege he was in breach of restraining orders made at Cheltenham Magistrates court in April 2003.

But last Friday, Rupert Lowe, for Hamilton, and Toby Huggins, for the prosecution, were unable to agree whether a basis of the plea had been accepted by the prosecution, leaving Recorder Karol Lasok fuming.

"I find this extremely unsatisfactory in a case such as this," he said. "It seems there is no alternative but to hear evidence on this so I can come to a conclusion on the facts of these offences. Although the defendant accepts the contact, he does not accept that everything said is true."

Recorder Lasok said he was "extremely unhappy" about sentencing Hamilton in the circumstances. He said that either a Newton Hearing, in which the disputed evidence is challenged, or an agreed basis of plea needed to take place before he could proceed with the case.

"Either the complainant comes along and gives evidence in a proper Newton Hearing or you sort it out and you come back to court and go through this exercise again with an agreement on basis of plea," he said.

He ordered that Mr Lowe provided a basis of plea to the prosecution by 4pm today.

He then scheduled the case for a hearing tomorrow.

Hamilton was remanded in custody.