© Star file photo
David Sheppard, right, speaks with lawyer Donald Gallant in this December 2013 photo.
A man who was ordered to stay out of Lark Harbour as a condition of his probation will be allowed back in the town on a limited basis for one month starting July 21.
David Sheppard, 51, of Pasadena had been sentenced to seven months incarceration, followed by three years probation, for assault and break and enter into a private residence by Judge Wayne Gorman in provincial court in Corner Brook on Dec. 19, 2013.
The charges stemmed from a March 10, 2013 incident where Sheppard forced his way into the home of his ex-wife — their former matrimonial home — in Lark Harbour, caused damage to the home and assaulted her new partner.
The probation order issued by Gorman contained the conditions that Sheppard refrain from having any contact or communication of any kind or form with his former wife and her partner and that he refrain from entering within the municipal boundaries of Lark Harbour.
Sheppard has served his time and on July 11 appeared once again before Gorman to ask that his probation order be varied to allow him to enter the town.
Sheppard had asked for the change so that he could repair the home he owns there and to provide assistance to his siblings.
Gorman presented his decision granting the request in court on Tuesday.
During the appearance, Gorman said the conditions of the probation order were there to protect the victims and that their protection must be maintained. And there was no evidence that this circumstance has changed.
Based on evidence presented during the hearing, Gorman said he was satisfied that Sheppard’s case was an appropriate one to vary the probation order.
However, he said he wouldn’t take the condition out entirely.
Instead, he modified it to say that Sheppard must refrain from entering the municipal boundaries of Lark Harbour except to provide assistance to his siblings or to repair the residence he owns there.
He also set a time limit on the varied order, allowing him to only enter the town on Mondays and Fridays from 10 a.m. to 5 p.m. from July 21 to Aug. 21.