A 45-year-old man who was alleged to have breached a restraining order by simulating sex acts with inflatable animals at his bedroom window has had his case halted by a judge.
Stefan Halan was due to stand trial yesterday on a charge of breaching the three-year order which had been imposed by magistrates in Bradford in July 2001.
But before the trial got underway the Honorary Recorder of Bradford, Judge Stephen Gullick, raised concerns about whether there was sufficient evidence to prove the case against Halan, of Spencer Street, Keighley.
Bradford Crown Court heard that the restraining order was imposed after Halan was convicted of harassment and it banned him harassing, pestering or parading himself in front of or otherwise engaging in lewd behaviour towards Patricia Wadsworth.
The prosecution alleged that in 2003 Halan had breached the order by engaging in lewd behaviour towards her by simulating sex acts with inflatable animals, understood to be a sheep and a pig.
Mrs Wadsworth, who works with her husband Graham at an insurance brokers in Devonshire Street, Keighley, complained about Halan's activities, which she could see from a window near her desk.
After legal arguments about the wording of the alleged breach Judge Gullick ruled that although he was satisfied that Mrs Wadsworth had had to put up with "wholly unacceptable'' behaviour over a number of years that did not mean it amounted to a breach of the order in this case.
He stressed that the order referred to acts committed "towards'' Mrs Wadsworth specifically and he concluded that the evidence did not establish that, partly because of the distance between the premises.
"While there is ample evidence that this defendant committed on the face of it some thoroughly unpleasant and lewd acts... there is no evidence as I read it that he sought to involve Mrs Wadsworth in particular,'' he added.
As a result Judge Gullick "stayed'' the indictment which means he is unlikely to be prosecuted for that matter again.
After the hearing Mr Wadsworth said at one stage a young girl working at the office had had to be moved to a different part of the premises because of Halan's activities.
Mrs Wadsworth said before the magistrates' hearing incidents were taking place on a daily basis.
Her husband described the judge's decision as "strange'' and he questioned why the Crown Prosecution Service had not spotted any problem with the charge. The couple are moving to new office premises.
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