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Hoaxer faces jail if he is found with mobile phone

Apr 29 2005

By Graham Davies Daily Post Staff

 

A MERSEYSIDE man was yesterday told he faces jail if he is ever caught with a mobile phone after making a string of hoax calls.

Mark Anthony O'Byrne, 37, from Southport, pleaded guilty at South Sefton Magistrates' Court to breaching his anti-social behaviour order which prevented him from using a pay-as-you-go phone.

The court heard that officers arrested O'Byrne, who has a personality disorder, at his Part Street flat on April 24, after finding him in possession of a mobile.

Sefton Council was taking O'Byrne to court to renew the interim Asbo it had brought against him earlier in the month.

The order prohibits him from making any phone calls or using any other forms of communication to report false, malicious or unmerited matters to any 999 emergency services.

This includes calls to Merseyside Police, the fire and ambulance services and HM Coastguard.

The case was adjourned until May 24, when a pre-sentence report will take place.

District Judge Michael Ableson said: "If there are any other breaches in the meantime, you are going to be looking at a jail sentence.

"I must make it absolutely clear to you that no further breaches of this interim order will be tolerated.

"Should you breach any of the conditions between now and the 24th of May, you will be remanded in custody and you will not get bail

again. That will have implications with regard to the sentencing in this case.

"In so far as the interim order is concerned, that will continue and we will reconsider it on the morning of the 24th of May.

"I am going to remand you on unconditional bail for the matter of the breach."

The order also prevents O'Byrne from calling private businesses, public bodies or individuals in a manner likely to cause a nuisance, harassment, alarm or distress to any person, or involves him making a nuisance of himself.

In addition, it makes provisions that he cannot instruct, permit, encourage or incite other people to do the same, or act in an anti-social manner.

He is banned from damaging or drawing graffiti on other people's property, and from approaching, threatening, intimidating or communicating with witnesses.

The court heard that although O'Byrne suffers from a personality disorder he is not mentally ill, and therefore no medical reports were ordered.

The interim Asbo was originally made at Liverpool Magistrates' Court on April 15.

grahamdavies@dailypost.co.uk

 

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