A GOULBURN man charged with sending hundreds of ‘harassing’ text messages to and about MP Pru Goward has been told to desist.
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Magistrate Carolyn Huntsman warned John Anthony Plews, 61, about his behaviour in Goulburn Local Court on Thursday before convicting and freeing him from jail.
“My very strong advice to you is to walk away from this preoccupation,” she said.
The former Goulburn Liberal Party member pleaded guilty to two counts of stalking, intimidating or intending fear of harm, four counts of using a carriage service to menace, harass or offend and one of contravening an AVO.
He changed his plea from not guilty, registered last week, following delays with a mental health assessment and a consequent inability to deal with the matters under the Mental Health Act.
Solicitor Kel Clowry also abandoned an earlier attempt to have Plews’ bail reviewed after conferring with his client.
Magistrate Huntsman imposed a two-year good behaviour bond on one charge of stalking and intimidating and four of harassment using a carriage service.
For contravening the AVO and another count of stalking and intimidating, she imposed a three-year good behaviour bond under Commonwealth law.
Police prosecutor Sergeant Chris Toole requested this given that Plews was freed on condition he live with his sister in the ACT.
His sister told the court the accommodation was intended to be for a “brief period.”
The defendant has been in Goulburn gaol since April 8 after allegedly breaching his bail conditions.
Plews, in prison greens and bearded, told the court his health had deteriorated significantly in gaol. He had lost “13 to 14 pounds,” was suffering a balance problem, the only practical solution for which was to lie on a cold, concrete ground for up to eight hours a day.
“I (also) have breathing problems in a damp gaol built 140 years ago,” he said.
He limped back to the dock after giving evidence.
Outside the court, Mr Clowry said he was very concerned about the “apparent lack of mental health support” Plews had received in gaol.
“It’s very concerning that a psychiatric report was not done during that period, due to an administrative problem,” he said.
Plews’ case was adjourned twice on Thursday before a late afternoon decision. His family was there throughout.
‘Political motives’
Mr Clowry told the court the charges were “politically motivated.”
He and Ms Goward had enjoyed cordial relations up until the time the text messages started. Once she became “sick of” the contact, she had reported them to the court registrar, resulting in the AVO. Charges followed in February. Plews was also charged with breaching the AVO when handing out Labor campaign material that month.
Mr Clowry said Plews made several allegations against Ms Goward in the text messages.
“He now knows it was folly to bring those to the attention of the Mayor and other people,” he said.
“He is now pursuing (other agencies) to lawfully make his complaints.”
Mr Clowry argued there was never any threat of harm or violence in the messages; it was the “sheer relentless” behaviour that prompted the complaints, hence the guilty pleas.
He sought a good behaviour bond, telling the magistrate he didn’t want to set his client up for failure. As such, his family had agreed to accommodate and support him.
“It is quite apparent he had a set against Ms Goward,” Mr Clowry said.
“He tells me that has now dissipated. He instructs that now she has been re-elected, he has lost his battle and he’s not concerned anymore.”
Sgt Toole did not oppose the bond.
“Our concern from the outset was the protection and welfare of Ms Goward,” he said.
“Clearly by virtue of her occupation she has to spend a lot of time in Goulburn. Her protection is paramount and it was the major reason the defendant was refused bail in April.”
He asked that Commonwealth law apply to the AVO so there was no barrier to prosecution if the terms were breached.
“The thing about electronic communication today is that it’s like hunting an elephant in the snow, he leaves tracks. He leaves you in no doubt it’s him doing the messaging because he signs them,” Sgt Toole said.
“We ask him to cease and desist...Ms Goward wants to get on with her life and the occupation for which she was elected. From time to time she is in Canberra and she should be able to do that without harassment and intimidation from Mr Plews.”
Magistrate Huntsman took into account Plews’ time in custody, the fact he had changed his plea to not guilty - saving the court time - and his strong family support.
He is to reside in the ACT, make no attempt in any way to contact Ms Goward her family and associates, not go near her home or office, seek medical support for what he conceded was a mental condition and report to Community Corrections once a week in Queanbeyan.
“In dealing with you I have taken into account that you said you would leave this behaviour behind,” Magistrate Huntsman said.
“...Look to your health and your family and have a break. I advise you to think carefully about this preoccupation because poor choices have led you to being locked up.”
She said if he breached the AVO, he could be re-sentenced.
“I understand, your Honour,” Plews replied.
Outside the court, his family said they were relieved he had been freed.