A MAN has been accused of stalking his ex-girlfriend by spyware secretly installed on her mobile phone, police have told Gympie Magistrates Court.
A Gympie police prosecutor said the the man had asked his ex about a pregnancy she had not disclosed to anyone, but which had been the subject of a pregnancy kit download on her phone.
The woman believed spyware on her phone was the only way he could have known.
She had blocked "numerous phone numbers and email accounts” which the man had used to contact her, in breach of a Domestic Violence Order.
She had been forced to pay out her phone contract and start a new account to end months of harassment.
The couple had no children and no shared property and there was no reason for the contact, police said.
The man, 36, who cannot be named for legal reasons, pleaded guilty to 11 DVO breaches in February, April, June and July.
The offences included messages on her father's phone and a call to her new partner.
The man had moved to near Gympie since the offences took place, the court was told.
The man's solicitor said the man denied the spyware claim and said the woman's boyfriend had told him of her pregnancy. All the man's contacts had been to help her buy a car.
”I don't accept that at all,” magistrate Ross Woodford said, also rejecting defence requests for probation with no conviction recorded.
He said a previous $1200 fine with no recorded conviction had not worked.
”You turned around over a period of two or three months and acted as though the courts did not exist.
”If you used spyware that would be really pushing the envelope.
”You don't need probation, you're old enough to know what's right and wrong.”
He fined the man $3000 and warned him another breach would result in jail.
”And it won't be suspended. You'll go to jail.
”You do not treat people like this. You do not ignore court orders,” Mr Woodford said.