Blatant bail breacher back in Falkirk court after losing Christmas to custody

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An offender who had just been released from court with strict orders not to contact his former partner was straight on the phone to her texting ‘hey baby, can you call me?’ when he got out of the building.

Appearing from custody at Falkirk Sheriff Court last Thursday, Alan McCafferty, 45, had pleaded guilty to breaching his bail conditions by contacting a woman he was not supposed to at an address in Lionthorn Court, Glenview Drive, Falkirk on December 2 last year.

Sean Iles, procurator fiscal depute, said: “The accused was released from Falkirk Sheriff Court with bail conditions not to attend Lionthorn Court, Glenview Drive and not to contact his formed partner.

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"The witness received a text message from the accused stating ‘hey baby, can you call me?’. Shortly thereafter she received a phone call from him which she refused to answer and blocked the number.

McCafferty appeared from custody at Falkirk Sheriff CourtMcCafferty appeared from custody at Falkirk Sheriff Court
McCafferty appeared from custody at Falkirk Sheriff Court

"Later there was a knock on the front door and a male voice. It was the accused and police were called. The accused said he would ‘give her 10 minutes’ and then left the address.

"Police attended and found the accused a two-minute walk away on Slamannan Road.”

Defence solicitor Lynn Swan said: “He accepts he made contact with the person and was in breach of his bail conditions, but he was there to try and get some of his belongings.

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"He was released without anything, including his jacket and his bank card. He said he would wait 10 minutes for his jacket. He doesn’t know anyone else in the Falkirk area.

"He had hoped they might be able to reconcile matters, but the relationship is now over.”

The court heard McCarfferty had been in custody since December 5 last year.

Sheriff Craig Harris noted McCafferty, 67 Barnton Road, Glasgow, had other matter – domestic-related – matters calling at court on January 19.

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He said: “It’s a blatant breach of a court order – it was a blatant breach of bail. You lost your Christmas to custody.”

Sheriff Harris sentenced McCafferty to 40 days in custody back dated to December 5 – meaning he would be released from custody that day.

However, he also made him subject to a non-harassment order not to contact his former partner for 12 months.