An ex-Regimental Sergeant Major had a court order changed so he could watch his daughter’s nativity play.
His plea to magistrates to change the terms of a restraining order which forbids him from going within 100 metres of the little girl’s school was met with festive sympathy despite objections from the Crown Prosecution Service.
The judical Christmas present allowed him, for just one night, to walk on to school premises as long as he entered just before curtain up, did not sit anywhere near his estranged wife and left as soon as the final curtain came down.
The former RSM in the Parachute Regiment, 57-year-old Kevin Malcolm, of Overdale Grove, Layton, had been placed on a restraining order following confrontations with his wife.
The order included the 100 metre no-go area at their daughter’s school in Blackpool.
He asked justices to lift the bar for just one night and issued strict guidelines so he had no contact during the play with his wife and daughter.
Chrissie Hunt , prosecuting, said the Crown objected because the whole idea of the order was to keep them apart.
“This application is being made at the last minute.The play is tonight. Dates like this are known a long time in advance so that parents and schools can make plans,” she added.
Malcolm’s lawyer Allan Cobain said: “This is for just one night – for a nativity. I agree the couple have parted in what was very fractious circumstances.
“My client has spoken to the school and a social worker and they both say it would be OK for him to attend providing he does not cause any problems.
“He was a RSM in the Paras and knows how to obey order.
“He will obey the orders of the court.”