Sunderland man in court after threatening ex in row while she was on phone to police

The case was heard at South Tyneside Law Courts. Picture by FRANK REID.

Lee Stoker, 37, of Larkfield Crescent, Shiney Row, was heard in the background of her 999 call to police – and his prosecution followed.

He issued the threat on Friday, November 13, at the woman’s Sunderland home, after his sister phoned him to make an allegation.

But Stoker could also be heard on the emergency recording immediately retracting his comment - and no violence or damage followed, South Tyneside Magistrates’ Court heard.

The spray painter pleaded not guilty to a charge of threatening to damage or destroy property, but was found guilty at trial last month.

At his sentencing hearing, his solicitor, Jason Smith, said Stoker continued to maintain his innocence - and planned to appeal.

Prosecutor Sarah Malkinson told the court: “The victim, who was the defendant’s partner, called the police.

“While on the call, it could be heard that he was shouting in the background.

“The defendant was heard threatening to smash the house. The police came and found them arguing in the property.”

Mr Smith said: “It’s frankly unbelievable that he was convicted of this offence when he’s clearly on the audio making a threat but then immediately retracting that threat, and having no intent whatsoever.

“She was his ex-partner. While on the phone to the police, she was shouting and swearing at him.

“He said one thing that he immediately retracted. While he was convicted by your colleagues, it will be appealed.

“They are no longer together. He has moved on, she has moved on. He has been convicted of an offence he didn’t commit.”

Deputy District Judge Gary Garland told Stoker: “Whether you appeal or not, it’s irrelevant to what I have to do today

“I note, however, that this lady, who you were in a relationship with, didn’t support the prosecution and didn’t take it any further.

“In my opinion, it’s at the lower end of the scale. She clearly wasn’t that distressed, or she would have supported the prosecution. There’s been no further trouble.”

Stoker was fined £300, with £300 court costs and a £34 victim surcharge.