A Rhondda pensioner who breached his ASBO by knowingly exposing himself and shouting insults has narrowly avoided a prison sentence.
Robert Day, 69, of Vicarage Road in Penygraig, admitted three offences when he appeared at Pontypridd Magistrates' Court
According to a statement by Rhondda Cynon Taf council, Robert Day, 69, of Vicarage Road in Penygraig, was originally placed on an ASBO in 2012 following a lengthy investigation by its Anti Social Behaviour Team.
The order was to protect his neighbours from insulting language, anti-social behaviour and to address issues in relation to inconsiderate building works at his home, lighting fires and playing loud music.
The statement said that in June, Mr Day began offending again and these incidents were recorded:
- He sat outside his property wearing a dressing gown which was open and exposing his genitals
- When the daughter of his neighbours passed, Mr Day became aware he was exposing himself – but did nothing to cover himself, causing the lady alarm and distress
- On June 19, his neighbour suffered a fatal heart attack. As paramedics battled to save his life outside his home, Mr Day came out and raised his drink in a “cheers” fashion – an act that distressed those present
- On June 20, the day after his neighbour passed away, his daughter arrived at the property. She said to Day he was not a very nice person for what he did the day before – and he swore at and insulted her.
All three incidences were breaches of the 2012 ASBO and Day was charged with the offences by South Wales Police, according to RCT council.
They were also regarded with the back drop of the years of offending and anti-social behaviour.
Day appeared at Pontypridd Magistrates’ Court on September 30, and admitted the offences.
Suspended prison sentence
He was sentenced to four weeks in prison, suspended for 12 months due to his poor health.
He was ordered to work 20 sessions of rehabilitation with probation within 12 months – and ordered to pay total fines, costs and court fees of £510.
The court also extended Day’s original ASBO for a further two years, to 2017.
The council statement said the new order prohibits him from:
- Contacting neighbours or members of their immediate family, unless in writing for permission to carry out building works
- Using verbally abusive or threatening language or behaviour towards any other person
- Storing any waste or building materials on any shared land or land not belonging entirely to himself
- Playing music loudly in his garden
- Conducting building works at his property outside 9am to 5pm, Monday to Friday
- Lighting any fire or burning any waste on his property
- Carrying out any repairs or maintenance on his neighbours’ properties, or shared fences or walls, without permission.
Unacceptable events
Paul Mee, service director for public health and protection at RCT council, said: “The original ASBO was put in place to curb the behaviour of Mr Day and reduce the impact he was having on his neighbours and the wider community as a result of his insults and his loud, disruptive and inconsiderate activity at his address.
“By securing an all-encompassing order which made very clear specifications about what he could do, when he could do it, and who he could speak to, we were able to reduce the impact Mr Day’s behaviour and activity was having on the community.
For full story see - http://www.walesonline.co.uk/news/local-news/rhonddas-rudest-oap-asbo-pensioner-10241816
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