Judge bans man from visiting his mother’s home in Dunchurch

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A man has been banned from going to his mother’s home near Rugby or contacting her partner who he had been accused of robbing.

David Phillips, 47, now of Leopold Street, Highgate, Birmingham, had pleaded not guilty to robbing his mother’s partner of £65 during an incident in July 2012.

It was alleged that Phillips, who was living at his mother’s home in Cawston Lane, Dunchurch, at the time, had robbed her 76-year-old partner after demanding money from him and his mother.

But on the day of his trial at Warwick Crown Court, his barrister Graham Henson said the prosecution had indicated it was prepared to offer no evidence if Phillips would accept the imposition of a restraining order.

He explained: “This is by way of a domestic incident. The man is the partner of the defendant’s aged mother.

“The whole point of a restraining order is to ensure there is no contact between him and the defendant.”

And Judge Sylvia de Bertodano commented: “This is effectively a family dispute which has gone horribly awry.”

It was pointed out that the partner did not want to prevent Phillips from seeing his mother, but wanted Phillips to be prevented from having any contact with him.

Prosecutor Daniel Oscroft confirmed that the matter could be resolved by the making of a restraining order.

So he offered no evidence against Phillips, who was formally found not guilty of the robbery charge.

Judge de Bertodano then imposed a restraining order under which Phillips is prohibited from going to his mother’s home or contacting her partner except through his sisters or a solicitor until further order.