AN OSWESTRY woman took over a phone call – leading her to her breaching an indefinite restraining order put in place to protect a former friend.
Clare Janicki, 38 and of Hawthorn Grove, Oswestry, appeared at Telford Magistrates Court on Wednesday, December 14, to be sentenced for two breaches of the order in November 2021, having pleaded guilty in September this year.
The court heard that on November 21 last year, Janicki spoke to Emma Stocker on the phone at around 5.30pm to raise issues with regard to a Facebook post that the defendant thought her victim had placed on the social media site.
This breached a restraining order put in place by Shropshire Magistrates Court in March, 2017, but it was accepted by the court that the call in November to Miss Stocker was actually placed by a mutual friend of the pair, Lisa Mitchell.
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Stephen Scully, defending, told magistrates that Ms Mitchell had called Miss Stocker off Janicki's phone in order to locate her estranged husband and to serve divorce papers on him.
It was heard that Miss Stocker answered the number because she did not recognise it.
However, the defendant then took the phone off Ms Mitchell, and their call descended into allegations about the Facebook post, which Miss Stocker denied being responsible for, as well as comments around the defendant's son – Miss Stocker's nephew – and a lack of a birthday card.
The court heard that Miss Stocker's brother was Janicki's former partner, but had died, for which the prosecution added that the former held the defendant responsible.
Mr Scully also told the court that his client felt she had been provoked by Miss Stocker throughout the call but she accepted that she should not have taken the phone.
She also admitted a second breach later on the same day, with the prosecution telling magistrates that the conversation was centred around Janicki's and Miss Stocker's deceased partner and brother.
Magistrates sentenced Janicki to an 18-month community order with 30 rehabilitation days, plus fined her £80 – reduced from £120 for an early guilty plea – plus costs of £185 and a £05 victim surcharge.
Janicki also pleaded not guilty to four charges of driving while unfit through drink, drink-driving with a breath test result of 65mg, and obstructing a constable in execution of duty.
She will face trial in Telford on June 8, 2023.
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