Middle-finger gesture to ex partner landed Wakefield man behind bars
A man ordered to stay away from his ex was held on remand after he gave her a middle-finger gesture when he saw her drive past.
Gareth Clarke appeared at Leeds Crown Court via video link from prison and admitted two breaches of a restraining order imposed.
The 41-year-old was released after being given a suspended sentence - he is already subject two suspended sentences. He was warned by the judge that it was his last chance.
The court heard Clarke, of Tombridge Crescent, Kinsley, had been in a relationship with the woman for around four years, but split in May 2022.
The woman said she “sustained emotional abuse”, prosecutor Gabrielle Wilks said, so a non-molestation order was imposed.
However, he breached it five times and in May 2023 was given a restraining order of indefinite length after being convicted of harassment.
In February he sent a message to his ex’s sister, saying he was not happy with his former partner’s new boyfriend. He said: “Over my dead body. He has been around my kids.”
On September 23, he saw the woman in traffic while he was on his phone outside Tesco petrol station on Market Street, Hemsworth.
When he noticed her, he began walking towards her with his middle finger raised. He was arrested and interviewed in October and admitted the gesture, and messaging her sister.
In a victim impact statement summarised to the court, his ex said: “I feel like I can’t go anywhere. It’s clear he has no regard for this order.
“He clearly does not take it seriously. I have had enough. I feel like I can’t breathe.
“I just want to get on with my life. I feel like I’m always watching over my shoulder.”
He was given a 12-month sentence, suspended for two years, in May of last year after threatening to slash the woman’s neck. He is also subject to another two-month sentence, suspended for two years.
Mitigating, Gabrielle Coates said that while the latest breaches were “unpleasant”, she added: “In the grand scheme, it is low-level offending behaviour.”
She said he had lost his mother recently, which caused him to “react negatively and act without thinking”.
Judge Mushtaq Khokhar said: “Having served some time [in prison], you have reflected on what you have done.
“I will give you one further chance. You will not get another opportunity. The next time all of the sentences outstanding will be activated and you will be in prison for a long time.”
He was given a new 28-week sentence, suspended for 18 months. He was ordered to complete the Building Better Relationships domestic violence awareness programme, and the restraining order is to remain.