A MAN who was let out of jail as part of the prisoner early release scheme was immediately arrested and put back behind bars.
Andrew Rogan, of Wellington Road North in Heaton Chapel, Stockport, was produced in custody at Wrexham Magistrates Court on Wednesday.
The 51-year-old admitted that between July 1 and August 1 this year, at HMP Berwyn, he called a woman named Jade Carmel Smith in breach of a restraining order.
Prosecutor Justin Espie told the court that the restraining order had been imposed by Chester Crown Court on January 11 this year and it is in place until January 2029.
It prohibited him from contacting Ms Smith, whom the court heard was his wife.
During the time of the offence, Rogan was an inmate at HMP Berwyn in Wrexham, and he maintained contact with Ms Smith numerous times via his prison phone.
Rogan spoke with her whilst she was at a friend's home, by contacting the friend's phone.
During a call on August 1, Ms Smith said she no longer wanted any contact with him and as such, the prison was informed about the contact.
And despite the Prison Service being made aware of the alleged breach, Mr Espie told the court, Rogan was made subject to the prisoner early release scheme.
However he was arrested at HMP Berwyn on Tuesday (September 10) by North Wales Police.
Defence solicitor Steven Alis told the hearing: "He was released yesterday and was subject to licence provisions.
"The concerning thing about the case is that the prison service was aware, certainly from August 1, that the calls had been made.
"The police were clearly made aware at the same time and to be fair to the defendant, he rang us a week or so before his expected date of release to say this is what's going to be happening and asking; am I going to be gate arrested?
"Probation were also aware these calls had been made but despite that put quite a lot in place and authorised his release.
"He has been in custody since September 4 last year and may well have been on early release but was almost 50 per cent through it anyway so he didn't get much of a bonus as such."
Mr Alis said the woman whose number he did have was the partner of a friend who had passed away, and he'd had her contact for legitimate reasons in order to keep in touch.
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But Ms Smith was also in touch with her - and happened to be at her house one day when the defendant rang.
That was how the contact began, Mr Alis said - and while his client had not been the one to initiate it, he had continued with it, the court heard.
"Clearly he breached the order," he said.
"It doesn't matter how complicit she was."
District Judge Gwyn Jones told the defendant his misuse of the phone in prison had been "deliberate."
"It is my view," he explained, "that the sentencing powers of this court are inadequate."
As such, Rogan was remanded in custody and will appear at Mold Crown Court for sentence on October 3.
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