A Wigan man charged with breaking a non-molestation order said his phone accidentally sent 12 drafts of the same text to his ex-girlfriend while he was asleep.
Stuart Davies, 34, of Allen Street, Newtown, pleaded guilty to one charge of breaching a non-molestation order at Wigan Magistrates’ Court this week.
The court heart how, on Halloween at around 1am, Davies’ former partner, who took out the non-molestation order until July 2018, received a string of 12 text messages from him.
Speaking to magistrates, Davies said that he would “hand on heart” not have done that on purpose and would not “play with fire like that”.
Karen Moorfield, defence solicitor, told the court: “The best way he can explain it is that he’s gone to bed with his phone, it’s under his pillow, a number of messages were sent and not just to his ex.
“He hasn’t previously so much as attempted to breach the order.”
Davies, who uses a wheelchair due to suffering from MS told his solicitor that he
could recall that the content of the draft message was a reminder about his children’s ages.
“In hindsight, he was probably foolish to save a draft to his ex who he wasn’t allowed to contact,” added Ms Moorfield. “He is deeply remorseful.”
The court heard how Davies had also accidentally sent text messages to another ex at roughly the same time.
Carl Gaffney, outlining the Crown Prosecution Service’s stance, told the court that none of the messages were threatening and that 11 were sent “at the same time”.
Davies, who has not been able to work since the age of 21 due to the degenerative
condition, was fined £150 in total including court costs for the incident.
Due to the effects of the degenerative condition, Davies has been unable to work since he was 21 and the fine will be taken from his benefits.