The former director of a Falmouth lettings company has escaped prison for the second time this week, despite breaking the terms of a restraining order twice within minutes of leaving the court.
On Tuesday this week Gareth Davyd Wills, a former director and a founder of Lewis Haughton Wills, was sentenced at Truro Crown Court for making threats of violence against his ex colleagues in videos and texts.
The 42-year-old, of Mylor Downs, pleaded guilty to two charges of sending a letter/electronic communication/article with intent to cause distress or anxiety to his former partners and employees, and was sentenced to eight months in prison suspended for two years for each charge, to run concurrently, and made the subject of a five-year restraining order.
It was after he posted a series of videos and texts in which he made threats of violence against his former business partners – in one saying police would need to protect two of the directors from him as he was going to "explode" with anger and that he wanted to "fill in" people.
You can read the full details of that court hearing here: Founder of Falmouth lettings agency told directors 'get to safety' after threats
The restraining order included terms that he must not contact directly or indirectly any employee or director of Lewis Haughton Wills, with only two specific exceptions.
Judge Robert Linford also specified that he should not post comments or videos on any social media platform about Lewis Haughton Wills, its directors or its employees, for a period of five years.
However, the court heard today that within minutes of leaving the courtroom Wills had attempted to pass on a message via the partner of one of the named people in the restraining order, before going on to film outside the courtroom a video that remained on social media at the time of the court hearing today (Friday).
In the video, titled "Miscarriage of justice, I'm free", Wills speaks of the communications being "borne out of anger and frustration by the situation, by the way I've been treated by people that shall not be named."
Later in the video he makes allegations in which he uses the word "you", speaking directly to people unnamed.
Judge Linford, sitting again this afternoon, said there was "no doubt" that "part of the video I've seen was about that company, that organisation."
The court was also told by Mike Brown, from the Crown Prosecution Service, that a comment was overheard by a CPS representative, and captured on court CCTV, in which Wills made a "very deliberate and targeted comment" to someone connected to one of the named people in the restraining order.
Judge Linford said when he was made aware of both these matters he decided that, rather than leave it in the hands of the police to investigate Wills for breach of a restraining order, he would call it in under 'the slip rule'. This can be used to correct an accidental slip or omission in a judgment or order, or by a judge to make a correction to give effect to the court’s intention at the time.
Robin Smith, speaking for Wills, described the defendant as "very apologetic and contrite."
"He makes no excuse for his behaviour. It was clearly in breach of the restraining order that had seconds before been made," he said.
He described the comment in the court lobby as "careless, casual" with words to the effect of "Tell [named person] I love her."
Mr Smith conceded that worse was the "blatant posting" on social media, adding: "He simply says he has very acutely learned his lesson," adding that Wills had come to court ready with a bag for prison.
Judge Linford told Wills: "The breach of the restraining order is a deliberate breach designed, in my judgement, to cause cause continuing anxiety to the people named in the order."
He said had he been found guilty of a breach offence brought by police the sentence would have been 12 months in prison, added to the eight months from the suspended sentenced that would then be activated – a total of 20 months behind bars.
However, Judge Linford told Wills: "Hanging over your head is eight months. You know what the restraining order says. If there is to be any other breach of this order you'll go away from 20 months."
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