A father-of-three threatened to kill his family following the breakdown of his relationship with the mother of his children. Cardiff Crown Court heard how Adam Brain, of Caerphilly borough, had led “a law-abiding lifestyle” for 12 years, “providing for his family”, and had recently set up a pizza business.
But in a victim impact statement read out in court Brain’s mother, a detective superintendent, explained her son is “not a person I know anymore”. Thomas Stanway, prosecuting, told the court how Brain had been in a long-term relationship with his now ex-partner and they had three young children together but over the following years their relationship deteriorated and Brain’s contact with his children became limited to weekly following the death of the defendant’s father.
During an argument in October last year Brain accused the mother of his children of infidelity even though they were not in a relationship, Mr Stanway explained, and told her to “sleep with one eye open”. He told her that if she ever “cheated” on him he would kill her.
The court heard that on October Brain was trusted to look after one of their children when during a brief phone conversation the defendant began abusing his ex-partner and accusing her of “talking to someone else”. Brain also threatened to kill her parents when during the same conversation the mother heard her two-year-old child in the background of the call begging to be returned home. “She could hear the two-year-old child shouting: ‘Let me see my mummy’,” the court heard.
Brain was undeterred and continued to make threats to his ex-partner who became so worried for the safety of her child she asked Brain’s mother to go to the house to take the child away. On arrival at the house Brain’s mother could not get in through the front door but managed to gain entry through a back entrance. She took the child away from the house while her son abused her as she walked out into the street.
Officers from Gwent Police attended the home of Brain’s ex-partner and listened to a string of voicemails in which Brain told her he was going to kill her and that he would go to her property that night. They also found that Brain had attempted to contact his ex’s parents on 35 occasions on October 5 and told them he would go to their house and “kick their front door in”. Police arrested the defendant at his home at Dynevor Terrace, Nelson, and he later admitted charges of threats to kill, malicious communications, harassment, and stalking.
In victim impact statements read out by Mr Stanway in court Brain’s ex-partner said: “I feel stressed and anxious about my future and my kids’ future. I don’t want to live in fear. I want my children to live a happy life.”
Her mother said: “I am very concerned for my daughter and for my grandchildren. It has affected our day-to-day lives. I have avoided taking the grandchildren to the park [because of fear they might encounter Brain]. I shouldn’t have to keep my grandchildren inside – it’s not fair.”
Brain’s mother said: “He is my son but he is a person I do not know anymore. I tried everything to get him help but he will not accept that he needs help. I am sure substance misuse has contributed to his behaviour. It is not just down to the loss of his father. He has exposed the little ones to this which is unacceptable and it’s had a huge impact on me and his sister.”
Gareth Williams, for Brain, said his client had one previous conviction for a wounding offence 12 years ago and has “for 12 years led a law-abiding lifestyle, providing for his family”. He said Brain suffered a “downward spiral” contributed to by the death of his father, substance misuse, and the breakdown of his marriage and work.
“This is the impact of a perfect storm creating behaviour the way the crown has outlined,” Mr Williams said. “For someone who has never been to prison before prison has been a very traumatic experience for him and he’s now been in prison for three and a half months. He says that prison has saved his life. Ultimately having a routine and being checked by medical staff at hospital, seeing a psychiatrist, has offered him an opportunity to address what has happened in his life.
“He has significant remorse and regret for what he has done. He loves his children and he wants to build a relationship with them. His ex-partner allows him to talk to the children once a week through a third party on the phone, which suggests he has a level of maturity.”
Recorder Simon Hughes sentenced Brain to 16 months in prison suspended for two years. He was also given restraining orders preventing him from approaching his ex, her parents, and his own mother for 10 years unless for child welfare purposes if permission has been granted through a third party. He must also pay £250 in prosecution costs.
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