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Order
of Comittal
" By
orders dated the 3rd day of July 1998 as subsequently varied
on 18 September 1998, 25 November 1998, 20 January 1999, 11 March
1999 and 7 February 2000 (SEE ATTACHED HERETO)
Upon the application by the Petitioner by notice of Motion dated 18th October
2000.
AND UPON HEARING Counsel for the Petitioner, Counsel for the respondent and
Counsel for the Official Solicitor
AND UPON READING the affidavit of Peter Stewart Smith sworn on 12 October 2000,
Charles Oliver 12 October 2000, "The mother" sworn on 13 October 2000, " The
mothers boyfriend" sworn 13 October 2000, Lianne Verna Katibeh sworn 16 October
2000, Mark Dean Harris sworn on 8 December 2000 and "the mother" sworn on 4
January 2001.
And the respondent accepting that a copy of the said orders and said summons
have been served upon the Respondent Mark Dean Harris,
AND having taken the oral evidence of "the mother", "the mothers boyfriend",
Lianne Verna Katibeh, and Mark Dean Harris
AND UPON it appearing to the satisfaction of the Court that the said Mark Dean
Harris has been guilty of contempt of Court namely that;
1) On 2 April 2000 he approached the children (eldest),
(middle) and (youngest) outside Chaplins superstore in Plymouth and talked
to them there by breaching paragraph (h) of the order,
2) Shortly before 20 April he sent to the mother through
the post a cheque for £900 post dated to 29 April 2000, with a note
stating that the Cheque could be cashed if (the eldest) attended the next
session of contact and continued to attend contact, thereby breaching paragraphs
(d) and (i) of the order,
3)On April 25 2000 he did enter (road A) in
a car seeking contact or communication with the children and driving
past the mother thereby breaching paragraphs (a) (d) and (h)
of the order,
4) On 26 April 2000 he did hand birthday presents to
(middle) and (youngest) during the session of contact and without the presents
first having been approved by Plymouth City Council thereby breaching
paragraph (h) of the order,
5) On 27 june 2000 he left a note for (the youngest)
in one of her school books after attending an evening at (her school) to
discuss her work and without the note first having been approved by
Plymouth City Council thereby breaching paragraph (h) of the order,
6) On 7 August 2000 he entered (road A) , Plymouth,
in a car seeking contact or communication with the children and driving
past waving to the mother and the children thereby breaching paragraphs
(a) (d) & (h) of the order,
7) On 24 August 2000 he entered (road A) in a car seeking
contact or communication with the children and driving past the mother
and the children thereby breaching paragraphs (a) (d) and (h) of the order,
8) Shortly before 30 August 2000 he sent or caused to
be sent through the post to (the eldest) an article from "Families
Need Fathers" and without the article first having been approved by Plymouth
City Council thereby breaching paragraph (h) of the order,
9) On 5 October 2000 he entered (road A) in a car seeking
contact or communication with the children thereby breaching paragraphs
(a) and (h) of the order,
10) On 7 October 2000 he approached (the eldest) in
New George Street, Plymouth and spoke to her thereby breaching paragraph
(h) of the order.
It is ordered that;
(1) for each of his said contempts 1 and 10 above
the Contemnor Mark Dean Harris do pay a fine of £250 each (total £500)
to be paid within 12 months from today,
(2) for each of his said contempts 2,4,5.
and 8 above the Contemnor Mark Dean Harris do stand committed
to Her Majesty's Prison at Pentonville for a period of 4 months or until
he shall be sooner discharged by due course of Law (these sentences to run
concurrently with each other)
(3) for each of his said contempts 3,6,7 and 9 above
the Contemnor Mark Dean Harris do stand committed to Her Majesty's Prison at
Pentonville for a period of 6 months or until he shall be sooner discharged
by due course of law (the sentences to run concurrently with each other but
consecutively to the sentences in (2) above
AND the Contemnor Mark Dean Harris can apply to the Judge to purge his contempt
and ask for release,
And it is further ordered that any application for the release of the said
Mark Dean Harris from custody shall be made to a Judge,
And it is further ordered that there be no order for costs, save that there
be detailed assessment of the publicly funded costs of the assisted parties,
DATED 23 MARCH 2001.
Sir
James Laurence Munby |