New Zealand shooting: Victim constantly harrassed Ed Livingstones former wife felt constantly harassed and feared for the safety of her family in the months before he killed their two children and took his own life, according to court documents. Three months before this weeks killing, the 51-year-old was discharged without conviction for breaching a protection order against his family for a second time. In his judgment then, Judge Stephen Coyle said Livingstones estranged wife, Katherine Webb, felt constantly harassed and feared for her own safety and that of her children. Livingstone called her cellphone and left a message, apologising for his past actions, on October 11. That you made contact, in and of itself, was frightening to your wife ... she realised the calls were from you and because of the frequency of the calls on the cellphone, she became very anxious and fearful, and she felt alone and unprotected, the judgment noted. She remains fearful that you will breach the protection order and describes feeling constantly harassed and fearful for her safety and that of the children. She states candidly that she cannot take much more of the contact from you and the breaches of the protection order. The protection order had been issued on May 5. It was issued by Ms Webb, but also applied to their children. The maximum penalty for breaching the order at the time was two years imprisonment yet Livingstone walked away without a conviction the second time after receiving diversion the first time. The breach was described in the judges decision as multiple phone calls to both Ms Webbs landline and mobile phone, and a voicemail left on her home phone. The content of the message, it is accepted, was not in any way threatening or intimidating, but ... that you made contact, in and of itself, was frightening to your wife. In his defence, Livingstone said he believed he would lose his Corrections job at Otago Prison if he were convicted. He had seen a psychiatrist following the incident, he said, who changed the medication [he was] receiving to make him more stable. Judge Coyle approved Livingstones appeal for conviction without on the basis a conviction would be ``out of proportion, and he walked free. There is a real and appreciable risk that you might lose your employment as a consequence, and I am satisfied that that consequence is out of proportion to the gravity of your offending and I grant the application, he said. The defendants age and lack of previous convictions were also taken into account, as was his mental health issues which have now, to a large extent, been alleviated through the adjustment of [his] medication. Livingstone was instead ordered to make a $500 donation to the Dunedin Stopping Violence programme. More reading:
Posted on: Fri, 17 Jan 2014 21:51:42 +0000