A 49-YEAR-OLD Scarborough man had no obligation to answer the door to police officers during his bail curfew, a court heard.
John Raymond Pindar, of Trafalgar Street West told Scarborough magistrates that officers had called during the early hours – sometimes as early as 5am and 4.30am – to make sure he was home and he had always answered the door.
Pindar denied breaching his bail conditions and said he was in at the time of the alleged offence.
Catherine Turnbull, prosecuting, said that officers had called at his address at 10.30pm on Tuesday and had knocked three times with no reply.
He was later arrested in Westborough for the alleged breach of his bail conditions.
But magistrates were advised that, under the bail conditions, he just had to stay home between 9pm and 7am and was under no obligation to present himself to officers when they called at his home.
Marcus Topham, defending, said that magistrates had to be sure there was “a balance of probability” that his client was not at home when the officers called.
When questioned Pindar said he shared his home with one other person and they had been talking elsewhere in the house when the officers arrived and he did not hear them knocking.
He added: “I’ve been sleeping badly because the police have been coming around every single night.”
Pindar said he was not interested in going out at night because was almost 50 and did not drink.
Magistrates ruled that, on the balance of probabilities, the breach had not been proven.