A Fife man who dislocated his own brother’s shoulder in a fight and also pestered his ex-partner has been jailed for 16 months for his crimes.
Ben Haswell, 28, a prisoner at HMP Perth, admitted assaulting his brother Darrell at Denhead, Kennoway, on June 25 this year, before going on to visit his ex’s address in Halfields Court the following day despite previously imposed bail conditions saying he should not approach or contact her.
Haswell shouted at her through a letterbox, demanded entry to her property and repeatedly banged on the door there before he was taken into custody.
Then, from behind bars, Haswell once again breached the bail condition relating to his ex-partner by sending various letters to her between July 11 and July 29.
Regarding the assault on his brother, defence solicitor Iain McCafferty told Kirkcaldy Sheriff Court that Haswell’s brother had suffered a previous shoulder injury which had “left him in a position of weakness”, suggesting what some might consider to be an “innocuous scuffle” has had far greater implications in this instance.
“Both men went to ground and Darrell said he felt his shoulder dislocate,” the solicitor added.
“A level of force that probably would ordinarily be required for a shoulder dislocation has not been required in this particular instance.”
Mr McCafferty added that the brothers were now on speaking terms and had no ill will towards each other.
However, Sheriff Jamie Gilchrist QC was seemingly more perturbed by Haswell’s harassment of his ex-partner in spite of court orders.
Mr McCafferty indicated the letters sent from prison to his ex-partner were not of a threatening nature, with one sent asking her to wish his daughter a happy birthday.
But Sheriff Gilchrist noted: “There’s different ways of looking at this.
“What this is is a clear example of an attempt to control a partner.”
At which point Mr McCafferty replied: “The fundamental starting point is the fact he did something the court told him not to do, and he accepts that.
“He appreciates the serious view the court will take on matters, and he has to acknowledge that he hasn’t exactly covered himself in glory in relation to previous matters.”
Sheriff Gilchrist QC sentenced Haswell to a total of 16 months’ imprisonment, and also imposed a non-harassment order prohibiting him from contacting his former partner for three years.
