Mathew James Powell avoids jail despite making more than 200 attempts to contact victim

A Port Kennedy man has avoided immediate imprisonment despite attempting to call his ex-wife more than 200 times in less than a week and making threats to ‘cut her up’ and feed her to his dog. Matthew James Powell, 47, faced Rockingham Magistrates Court on Wednesday, July 6, charged with three breaches of a family violence order and one breach of bail. Prosecutor Senior Sergeant Chris Evans told the court Powell was served a family violence restraining order on August 22, 2018, with the protected person being his ex-wife. Between March 23 and 24, 2019, Powell was at the victim’s home when an argument broke out between the pair and Powell went back to his house. On March 24, 2019, Powell began trying to contact the victim. He sent about 98 text messages to the victim throughout the day, despite her not responding. Powell was later arrested for breaching the terms of the restraining order but was later released from custody. Between March 26 and 28, 2019, Powell again made attempts to contact the victim, sending 30 text messages, 12 voice messages and about 100 phone calls. The victim didn’t respond to any of the messages but she did listen to some of the voice messages. In one voicemail Powell threatened the victim, saying “I will cut you both up and feed you to my f***ing dog — you are a c***.” On March 29, 2019, the victim went to the Rockingham police station and reported the breaches to police. Powell continued to try to contact the victim between March 29 and 30, this time sending six text messages, 16 voicemails and about 100 phone calls. The victim declined to respond but did listen to the voicemail messages, which included several threats made toward the victim and others. Powell was arrested again on March 30, 2019, and taken to Rockingham police station and made full admissions to the breaches. Powell’s duty counsel argued that at the time of the offences Powell hadn’t been himself, “was angry and rambling with no intention to actually harm the victim”. “Mr Powell has suffered significantly with his mental health and substance abuse after losing his best friend who was like a brother to him. He was the first to attend the scene of his murdered brother,” she said. “He was feeling lost and his mental health was deteriorating following the breakdown of his marriage and although he acknowledges this is not an excuse for his actions, he is remorseful.” Magistrate Vivien Edwards said the number of breaches was “significant, with over 250 attempts to contact the victim” and Powell was lucky to not have been charged with “harassment”. Powell was sentenced to a 12-month conditional suspended imprisonment and ordered to pay $107.50 in court costs. 1800 RESPECT (1800 737 732)