Victim of Wigan stalker who bugged her car tells of the devastating affect he has had on her life

Painter and decorator Kelvin James repeatedly texted Marie Gerval and put a tracker on her car, Bolton magistrates heard.

The 58-year-old of Church Drive, Orrell, was given a 12-month community sentence after admitting to stalking.

His punishment includes 12 days’ rehabilitation activities, an 18-month restraining order and an electronically-tagged 12-week night curfew.

Dr Gerval, a London-based hospital doctor specialising in obstetrics and gynaecology, called the sentence “very disappointing” and criticised Lancashire Police for not charging James under section 4a of the Protection from Harassment Act – which shows that the stalking caused “serious distress” – rather than section 2a which doesn’t.

The medic lost 80 per cent of her hair through stress-related alopecia, was diagnosed with post-traumatic stress disorder and has not worked for months.

But none of this information was passed on by police to the Crown Prosecution Service and so James was charged with the lesser offence.

Dr Gerval says Lancashire Constabulary did not take the case seriously from the start and at first told her that James, after admitting he had bugged her car in November last year, was going to receive a verbal warning.

It was only after going to see senior police officers, insisting that the matter went to the CPS, that a charge was brought at all.

The hearing was told Dr Gerval hired James to carry out work on her parents’ house in Lancashire and things were fine.

She and James had had a few dates in the January of 2021 which came to nothing but towards the end of the year the stalking began.

Last November he texted to ask if he could use one of her cars to complete a painting job as his van had broken down.

She agreed, but later learnt there was nothing wrong with the vehicle and it was during this time that James had taken her car to a garage and had a tracker fitted without her knowledge or consent.

In the following weeks she attended various social events only to receive texts from James asking what she was doing, where she was and who she was with.

On November 17 she was stopped and breathalysed by police following a pub visit. After testing negative, she was informed that officers had received an anonymous tip-off saying that she and a friend had been rowdy in a Parbold pub.

The next day James insisted on meeting Dr Gerval and told her he had driven past another venue that she had visited two days earlier.

She said: “I then became concerned at the extent of Mr James’s desire to follow and track my movements and became very suspicious, given the events of the previous night, that he was pursuing me.

“I arranged to take her car to be checked out and the garage discovered a tracking device on it.”

The police were then called and Dr Gerval obtained a non-molestation order.

The court heard that when confronted with the tracker evidence James freely told officers he was responsible, that he had done it without her permission or knowledge and had downloaded an app onto his mobile so he could monitor her location and movements.

He stated he had done it for “his own peace of mind.”

After the hearing Dr Gerval said: “As well as the upset and disruption of daily life at home, his actions have cost me financially, professionally, physically, mentally and emotionally.

"l am hospital doctor working in the speciality of obstetrics and gynaecology, and since this occurred have not been able to work in the profession I enjoy greatly and which gives me a strong sense of purpose and satisfaction in being able to help and serve others.

"The shock of this experience has also had a severe impact upon me physically.”

She also had criticism for the police, adding: “From the start, the police did not seem interested in the case, wanted to play it down and write it off as soon as possible.

"It was only after I went to see a police inspector at Chorley and brought a solicitor in that they began to take things seriously.

"The solicitor advised me in May to make a second statement showing the impact the whole ordeal had had on me but they only took it in July, by which time James had already been charged.

"I sent the details directly to the CPS so it was used in mitigation but I don’t think it had the same impact as it would have if he had been charged with Section 4a stalking.”

A Lancashire Police spokesman said: “We know the devastating impact this crime has on victims in damaging their feelings of safety and self-confidence. We work closely with complainants, as well as other partner agencies and charities to protect victims, review cases and investigate incidents thoroughly.

“We have provided and continue to provide support to the victim, working closely in relation to a number of matters raised during the course of the investigation.

“We have rolled out refresher training to officers across the force in this area and are always striving to improve the service we offer to victims and how we investigate their complaints.

“In addition, each policing division has a dedicated stalking and harassment point of contact who is a specialist detective who reviews some cases and is available for advice if officers require it.

“We would urge anyone who is being affected by stalking to speak to a local officer, contact us on 101 or ring the National Stalking Helpline on 0808 802 0300. All reports will be taken seriously and dealt with robustly.”