A man was charged with harassment after he left a bad review of a cake shop on Facebook.
Ashley Titre, 37, was prosecuted after upsetting baker Sarah Poole of ‘We R Cakes’ in Datchworth, Hertfordshire .
But his case was thrown out of court today due to lack of evidence.
He wrote a review on her Facebook page: “Used to love this place. Never answers either phone nowadays. Very poor service. IMHO.” [In my honest opinion].
Mirror reports that after magistrates at Stevenage dismissed the case, Ashley of Priestly Road, Stevenage. slammed the decision to charge him with harassment.
He said: “It was all unreal. There was a rift between me and my ex. I was prosecuted for leaving a review on Facebook.
“I may have been upset posting a thing on Facebook page , but I didn’t deserve to be prosecuted for it.
“She said I had made calls to her early in the morning with music blaring, but all that was a mistake. The phone had gone off in my pocket.”
Ashley, who runs a landscape and flower business, said the background to the case was him splitting up with his wife Karen, who is a a close friend of Sarah.
The prosecution alleged that Ashley had made harassing phone calls to Sarah early in the month, but the charge made by the police only referred to February 22 and 23rd this year.
The charge referred to 10 calls allegedly made by Ashley to Sarah, but it did not specify the dates.
Tariq Iqbal, defending, asked the magistrates to dismiss the case. He said: “The evidence is so weak.
“The charge in this case relates to 22nd and 23 February.
“The only thing that happened is a Facebook message – all the other instances are said to take place on 15th, 20th and 21st.
“You cannot have harassment with only one incident – there have to be two incidents that happened.
“The offence is not made out.”
The magistrates agreed.
The chair of the bench Susan Burnett dismissed the case saying: “We do not feel there is enough to evidence for a bench to be likely to convict.”
At the request of the prosecutor Joan Gandolfi the magistrates made a non-conviction restraining order banning Ashley from contacting Sarah for six months.
In the witness box, pink-haired Sarah said she had received missed calls on February 15 and 20 on her personal phone. She believed they were from Ashley and blocked the number.
Then on February 21, she received missed calls, text messages and voicemails on her work mobile. She said she heard “loud distorted music” on the voicemail.
Under cross-examination by Mr Iqbal she denied she had come to court to put “a nail in the coffin” Ashley’s relationship with Karen.
She said: “I felt harassed and threatened – where I used to feel safe and now I don’t.”
Because the magistrates dismissed the case at the end of the prosecution case, he did not give evidence.
When questioned by the police he denied sending texts or voicemail messages . He denied having a phone.
A spokesperson for the CPS said they had not been contacted for charging advice by the police.
Hertfordshire Police has been contacted for comment.