AN ALLOA man has been given a second prison sentence for breaching the terms of a non-harassment order.

George Muirhead was handed six months behind bars after admitting to what was third infringement of the very same order.

He appeared at Alloa Sheriff Court on Thursday (13 August) where his lawyer argued in vain to maintain his liberty.

However, the 43-year-old, who had already been fined and jailed for three months for refusing to adhere to the court ruling, found himself locked up again this week for a repeat offence.

On 12 July 2014, Muirhead did breach the terms of the non-harassment order when he entered a property in Tullibody and made contact with his ex-partner.

Depute fiscal Iain Batho told the court: “The complainer was lying on her couch with the front door unlocked when she was startled by the accused walking into the room unannounced and uninvited.

“He said he would leave after getting cigarettes. The complainer asked him to leave several times but he ignored her requests.

“She stood outside the property before the accused later left. She went back inside, locked the door and called the police.” Muirhead’s solicitor Mike Lowrie told the court that his client was living in homeless accommodation at the time of the offence and was battling an entrenched alcohol dependency.

He added that Muirhead and the complainer had “an arrangement” in that he would be allowed access to the property to shower and change, under the proviso that he did not show up drunk.

Mr Lowrie said: “However, on this occasion, he did show up drunk. But he is making some efforts to address this issue and is currently on sick leave from his work.

“He has breached the order in the past which puts him in a precarious position but my concern is that if he is given a custodial sentence then he would inevitably be released without a job, a home, and with his alcohol issues not addressed in any significant way.

“He would be released in a worse state that before.” Mr Lowrie also mentioned that his client had been interviewed for participation on the Caledonian domestic abuse programme but that the report was not “particularly positive”.

In response, Sheriff Gillian Wade added: “That’s an understatement.” Also during the hearing, prosecutors had announced their intention to extend the non-harassment order which has now expired.

The court heard that Muirhead had previous convictions for assault and assault to injury, while also being jailed for abducting his ex-partner’s sister and nephew at knife-point.

Mr Batho argued that the latter offence was committed as a result of the Muirhead’s former partner expressing her intention to end their relationship.

He added: “There are substantial concerns about the welfare of the complainer [in the current case] – she is very much in favour of a non-harassment order.

“We would be seeking a longer period as the last order elapsed and the parties were no further forward.” In sentencing, Sheriff Wade said: “I have listened to everything that has been said today.

“I have two very full reports here, and had the Caledonian report been more favourable I might have been minded to impose a community-based disposal.

“But I do not feel, given this report, that would be appropriate.

“You have breached the non-harassment order before and have received a custodial sentence for that. However, it appears your behaviour remains the same.” Muirhead was then given six-months in prison and a second non-harassment order was imposed and will run for the next three years.