A dad who was instructed not to return to his ex-partner’s home under bail conditions says he was shouting and waving a crowbar around outside the property because he needed shelter from the storm.

Jason Cuthbertson, 47, of Dainton Grove, Birmingham, pleaded guilty to using violence for the purpose of securing entry into a premises at Swindon Magistrates Court on November 26.

The court heard from Mr Power, prosecuting, that police officers responded to reports from a neighbour about a “commotion” outside a property in Swindon on November 24 at around 8:30pm.

Cuthbertson was spotted “gardenhopping” and shouting “let me in” while waving a crowbar around and the witness said that the victim looked “terrified” and briefly opened the window to speak with him.

In mitigation, Mr Morgan, defending, explained that when officers attended, they noticed she had a “fairly relaxed” attitude, telling them she did not realise he was in the garden and she did not know there were bail conditions in place to prevent him seeing her.

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Cuthbertson had been staying with his mum in Birmingham but it was said that he received a call from his ex-partner, of around seven to eight years, about one of their three dogs being unwell and likely to pass away.

She asked him to come back to the home to comfort her and spend time with their three-year-old son, but he refused due to the bail conditions and she said there were no bail conditions in place.

Following an argument on Saturday night, she told him to leave and he did, but during Storm Bert Cuthbertson he had no way to return to Birmingham and tried to shelter in a leaking shed, later trying to seek refuge in the property.

Cuthbertson claimed to be shouting “let me in or I’ll f***ing drown” and officers said they had never seen someone as drenched as him come into custody.

The former painter and decorator accepted he did pick up the crowbar, but Mr Morgan said he had made a “half-hearted” attempt to open the door, because if he was determined to gain entry, he could have easily smashed the pane of glass.

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The Magistrate told Cuthbertson: “Word of warning, it is not your partner’s decision about whether there is bail.

“It’s imposed by police or the court. Going forward don’t ask for someone else’s advice in that regard.”

Cuthbertson was fined £120, ordered to pay a surcharge of £48 and prosecution costs of £85, totalling £253.

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