A CHESHIRE pensioner who continued to make his victims' lives a misery despite a life-long restraining order and a suspended sentence has been put behind bars.

Mario Attalio Foschi, 69, received a two-year suspended sentence last year at Chester Crown Court following a targeted campaign of harassment against his former partner Karen Ratcliffe and her daughter Jessica Kearsley.

Last year, the court heard Foschi would slash his victim's tyres, throw rat poison and dog poo into their garden, and stalk Ms Ratcliffe in the village of Manley, where she lived.

Despite the suspended sentence, and the extension of the restraining order from five years to life, Foschi then sent a Christmas card to Mrs Kearsley, followed by an Easter card in April.

After he claimed he was just being a "silly old b****r", Honorary Recorder of Chester Judge Steven Everett said that excuse "cut no ice" with him and jailed Foschi – who pleaded guilty to two breaches of the restraining order – for a total of 39 months.

The judge added Foschi should give "serious thought" into selling his house on Talbot Road, Dunham-on-the-Hill, as the restraining order may now be extended so the defendant is banned from setting foot in the whole of Cheshire.

Prosecuting, Peter Hussey said when Mrs Kearsley picked up the card and recognised Foschi's handwriting, she handed it over – very carefully – to the police, who conducted a forensic examination but could not find fingerprint evidence, and the envelope had been sealed with tape.

Judge Everett said the decision not to charge Foschi at that point was "the wrong decision", as with Foschi being on a suspended sentence and a restraining order, that should have triggered proceedings.

A subsequent card, containing £50, was sent to Mrs Kearsley with the message "Happy Easter". Police then charged Foschi.

Mrs Kearsley, reading her victim impact statement out in court, explained how Foschi's actions had left such a huge impact on herself, her mother, and their family over the past four years.

She said her mental health had been impacted, she had constant nightmares, fear and anxiety about Foschi and what he might do next, especially after he had thrown poison into their garden, and that court orders did not seem to stop him.

At first the family had wanted Foschi to get support for his issues, but now they did not care for him any more. Mrs Kearsley said: "We just want to be left alone and get on with our lives."

A lot of money had been spent on home security measures, and repairs to damage Foschi had caused.

Ms Ratcliffe had been "targeted over and over again" and they had spent the last few years having to keep records and submitting them to police, a process Mrs Kearsley said was "draining" on top of work and family life.

Mrs Kearsley added: "We live in expectation that something will happen again. The effects of all this are irreversible."

Judge Everett said: "One might say 'oh, it was just a couple of cards', but actually it was like a note saying 'I'm back...and I'm not going to let you go'."

Defending, Andrew McInnes said Foschi seemed to have co-operated with the offending management team, and had been diagnosed with Parkinson's and a hernia, which had meant his one real hobby – running as exercise – was becoming increasingly difficult.

Foschi had been in prison since April and had found it difficult, being largely older than other inmates, and outside of prison had a limited circle of support.

Foschi had said he was remorseful for what he had done.

Sentencing, Judge Everett said: This behaviour you had was persistent and serious. You were given every chance last year. Your behaviour has been truly appalling.

"Whether it's because you have mental health issues, whether you're alone, it was made crystal clear to you that this has to stop, but your own selfish desires came first.

"This suggestion about being a 'silly old b****r' cut no ice with me. You knew full well you have had a terrible effect on this family."

The judge added, on the initial decision not to charge Foschi for sending the Christmas card: "The police lost all sense of proportion. They should have realised the family did not shrug it off. They ought to have realised the huge effect on the family. The police deserve real criticism for that.

"You [Foschi] were encouraged to send an Easter card."

The judge added the only way the victims could feel safe in the short term was through an immediate custodial sentence.

As well as the 39-month prison sentence, a hearing will be held on Friday, August 26 to discuss if the current restraining order should be expanded so Foschi is banned from the Cheshire area indefinitely.

Addressing the victims after Foschi was led down to the cells, Judge Everett added: "I can't throw away the key, but I hope it gives you some closure."

Detective Constable Natalie Willis said: “Mario Foschi has led a campaign of intimidation for an extensive period of time. His actions have had a terrible effect on the victim and her family. I am pleased with the sentence that he has received and hope he spends the time in prison reflecting on what he has done and the seriousness of his actions.

“Mario Foschi was arrested for the cards but denied sending them when interviewed, at one point laughing whilst answering questions and denying his involvement.

"The first card sent could not be linked to him after enquiries were completed, but when he was forensically linked to the second card he was quickly re-arrested. Following on from the Crown Prosecution Service authorising charges, he was remanded and put before the court.

“I hope this sentence will provide the victim and her family with some reassurance that she can live her life without having to look over her shoulder all of the time.”