A MAN sprayed WD40 at his wife and threatened to set her on fire, saying “I hope you like pain”, York Crown Court heard.
Mark Shawyer, 57, told the terrified woman he would make her leave the marital home, said Henry Fernandez, prosecuting.
She told the court that after her husband was arrested early on February 15, police gave her an hour’s notice to move out of the house where she had lived for 28 years so the husband could live there with a bail condition not to contact her.
“I was physically sick and shaking with fear and anger wondering if I was the one in the wrong,” she said.
She initially had accommodation but had to leave it and was homeless for 38 days. She now lives in fear of her husband revenging himself on her for going to the police, the court heard.
She said she has been unable to access her belongings in the marital home or the house itself, since police told her to leave.
Recorder Dafydd Enoch KC said: “How does it work for police to bail him to go back to the house? It doesn’t. How on earth was that allowed to happen? Why is he living there and not her?”
A North Yorkshire Police spokesman said after the hearing: “In domestic abuse cases, the victim’s welfare and safety is paramount.
"Bail arrangements usually ensure victims stay at their existing address. In this case however, there were complex and exceptional circumstances and bail conditions were set accordingly.”
The judge told Shawyer: “For a few minutes in drink, you lost your temper and behaved appallingly and in such as way that left a lasting effect on your soon to be ex-wife.”
Shawyer had been cautioned in 2017 for assaulting his wife.
"You didn't learn your lesson," the judge said. "That should have been your wake up call."
He gave Shawyer a 12-month prison sentence suspended for two years on condition he does a 35-session probation service programme on how to conduct domestic relationships and 15 days’ rehabilitative activities.
The judge also made a restraining order banning Shawyer from contacting his wife in any way for life.
Shawyer, of Petercroft Lane, Dunnington, denied assaulting the woman and threatening her with an offensive weapon, but was convicted by York magistrates at trial and sent to York Crown Court for sentence.
Mr Fernandez told the court the couple had been married for 25 years.
On February 14 this year, Shawyer was drunk when his wife returned home and told her: “You are going to move, I am going to make you move, I hope you like pain.”
He sprayed the oil-based lubricant WD40 at her and lit his lighter.
“She was absolutely terrified she was going to be put on fire,” said Mr Fernandez.
She was not injured as neither the liquid nor the flame reached her.
The wife said she had nursed her husband for the last two years for a wound with sepsis, cleaning up his vomit and other bodily fluids.
On February 15, she went to a flat she rented as a refuge where she could spend periods away from Shawyer.
But the building management said she couldn’t have her dog there and when she told police this, they told her to stay where she was and not make herself intentionally homeless.
She said she kept her dog with her and was homeless for 38 days before she found a flat where pets were allowed.
Defence barrister Kevin Blount did not give any mitigation after the judge said he would suspend the prison sentence.
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