Killing threat by boyfriend was just a figure of speech

Ian Harrison, 30, of Cobden Street, Darlington, had the case against him dismissed by South Durham magistrates sitting at Newton Aycliffe yesterday.

He was charged after an argument with Tracy Battye in Darlington town centre on August 7.

James Thomas, prosecuting, said there was a history of domestic violence within their relationship and Miss Battye genuinely believed the threat was serious.

The court was told she had gone into The Golden Cock pub, in Tubwell Row, to look for him when he failed to return home for tea.

Miss Battye said the row started after she found him with a woman he had slept with recently.

She pushed the burger he was eating in his face then stormed out.

Miss Battye said she pushed him into bushes in the grounds of St Cuthbert's Church. She also slapped him around the left ear.

She said he looked at her in a way that made her feel as though she would be hurt once they returned home.

She said Mr Harrison was holding her and stopping her getting away.

Miss Battye said: "He said 'no matter what happens tonight, you are going to die. I am going to kill you.' I was frightened."

Mr Harrison denied making threats to kill.

He said: "I took her out of the pub because she was embarrassing me and showing me up. She was annoyed because of the person I was with.

"She was striking my arm so I took hold of her so she couldn't hit me any more.

"I said 'I am going to kill you if you don't behave. I didn't think she would think exactly that. I did not mean that."

Graham Hunsley, defending, said he used the words, but there was no intent for her to think he was serious.

He said: "It is a figure of speech and I am sure we have all used them in circumstances that do not require us to run for the phone and dial 999.

"People are rarely killed after hearing this remark."

Chairman of the bench John Hehir said he was not convinced beyond reasonable doubt that Mr Harrison was serious and dismissed the case.