Man Appears In Court For Stalking Allegation. Prosecution Alleges That Man Threatened To Kill Woman, Showed Up At Her Salon & Became Angry When Male Clients Arrived.

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By Alric Lindsay

Alen Montesino-Ebanks appeared via video link in the Summary Court today, May 26, 2025, to face a stalking charge. Due to some differences in the facts presented by Crown Counsel from the Office of the Director of Public Prosecutions and Montesino’s lawyer, Magistrate Gunn ordered that the matter be brought back to court on June 5, 2025, for a Newton Hearing.

Background

Explaining the background, DPP Crown Counsel said Montesino and a lady were in a relationship for four years, but he didn’t accept that the relationship was over.

Reportedly, Montesino followed her regularly to the point that she was uncomfortable about leaving the house.

Allegedly, during the relationship, he threatened to kill her multiple times.

Allegedly, he abused her, calling her derogatory names such as Spanish b%tch and Honduran b%tch.

Reportedly, he went to her place of business, which is a salon. Allegedly, he was drunk and attempted to go in, banging and pulling on the front door, threatening to kill the woman.

Reportedly, the woman said she was in fear for her safety since Montesino allegedly told her before that he was going to kill her.

In the circumstances, DPP Crown Counsel said, “This is not a simple breakdown of a girlfriend, boyfriend relationship. There is persistence and obsession.”

Therefore, DPP Crown Counsel requested that a protective order be put in place, including prohibiting Montesino from going to the woman’s salon and preventing him from contacting the woman.

Arguing on Montesino’s behalf, defence counsel John Furniss explained that Montesino was warned on one occasion that police would be called if he returned. However, defence counsel added that he only went back to get his clothes.

Furniss added:

It’s not your normal stalking situation of somebody following an individual or, or a young lady or whatever it might be.

It is a situation where he was going back to those premises, he had been living at those premises but he’d been put out of those premises and she didn’t want him back.

Furniss then turned to an allegation in a victim impact report that Montesino followed the lady into a church.

Furnis explained that this was a misrepresentation because, while she was alleging that he followed her into the church, Montesino had been asked by the pastor to do something. Therefore, he wasn’t there following her.

Outcome

After acknowledging that there were different versions of the incidents, Magistrate Gunn said there was a significant difference between the cases of the DPP Crown Counsel and the defence.

In the circumstances, Magistrate Gunn ordered that a Newton Hearing be held on June 5, 2025.

What is a Newton Hearing?

According to LexisNexis, a Newton Hearing is explained as follows:

A hearing in criminal proceedings required when the defendant pleads guilty to an offence(s) but there is disagreement with the prosecution as to the material facts on which the defendant should be sentenced. This can occur when the accused pleads guilty on a specific basis that the prosecution does not accept.

During a newton hearing, evidence is called by both parties and the judge (sitting without a jury) or the magistrates decide the basis on which they will pass sentence. The burden of proof lies with the prosecution to satisfy the court beyond reasonable doubt that their version of events is correct.