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Former Mylor fisherman breached bail with 'kiss' text to ex he had assaulted

By West Briton  |  Posted: March 17, 2014

A FISHERMAN breached a court order not to contact the mother of his children by sending her a romantic message from out at sea, magistrates heard.

Perdita Barnicoat, who had recently been assaulted by Kevin Martin, called the police and, once ashore, he was arrested for breaching a bail condition.

Truro magistrates have now ordered him not to contact her except through a solicitor.

Martin, 34, a share fisherman who used to live with Ms Barnicoat at Avalon Close, Mylor Bridge, but is now of no fixed address, admitted breaching bail and also assaulting her on February 3.

Alison May, for the Crown Prosecution Service, said the couple had been together for seven years and had three children together. The police and social services had been involved in their difficulties and arguments.

On February 3 Martin banged on the door of Ms Barnicoat's home, which she had secured with a chain. She told him to leave until he was sober and tried to push him away. He grabbed her arm through the gap in the door and pushed the door shut on it, leaving a bruise. She was terrified and called the police.

Martin was given bail with a condition not to contact her. But on February 21 he sent her a text message with a cross for a kiss, reading: "Look at the stars, count them, that is how much I love you".

Martin told police he had not realised texting would breach his bail condition. He had previous convictions.

Martin Pearce, for the defence, said that before the assault the couple had argued over his failure to build a rabbit hutch in the garden. He was remorseful for what he did to her.

Later, he had been at sea in a force ten gale, feeling sad about things, saw the stars and sent the text. He now accepted their relationship was over.

Martin was fined £330 for the assault, with costs and surcharge of £118, and given a restraining order not to contact Ms Barnicoat except through a solicitor and not to go to her home.

No action was taken on his bail breach.

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