VERNON - A father who falsely reported his partner as being a drug addict, and put his 16-year-old daughter at risk of being prosecuted for perjury, has been found guilty of criminal harassment.
The Hon. Judge Mayland McKimm found Jordan McKay Dunlop guilty of one charge of making harassing communication and one charge of criminal harassment in a Vernon courtroom Aug. 20.
The court heard how Dunlop had harassed his formed partner Lynnelle Erbacker, sending threatening text messages that read: "If you end things there will be serious consequences," and, "If we move out, watch what happens next,” and “You have no clue what is coming next."
The court heard the couple met in the summer of 2016 and soon after Erbacker allowed Dunlop and his two teenage children to move in with her in Vernon as he had recently lost his home in Kelowna. Although only intended as a short-term living arrangement Dunlop and his children remained living in Erbacker's home and Dunlop constantly saying he had a household worth of furniture arriving soon, although it never did.
In November 2016 Erbacker became unintentionally pregnant with Dunlop's child. It was at this point the relationship broke down.
Erbacker testified Dunlop became angry and emotionally volatile to the point where she became afraid of him. The court heard Dunlop threatened that he would ruin Erbacker’s reputation and he was going to gain one hundred percent custody of their baby by making it appear that she was an unfit mother. On Feb. 6, 2017 Erbacker went to the police.
One week later Dunlop then made a false complaint to Erbacker's employer that she was stealing narcotics from work and that she was suffering from a serious and debilitating drug addiction. Erbacker, who works as a nurse, then underwent drug tests which were all negative, and her employer completed an inventory check and found no narcotics were unaccounted for.
The court heard that Dunlop had elected not to testify at the trial but had called his sixteen-year-old daughter to testify. Judge McKimm said that Dunlop's daughter had said she was aware that Erbacker was addicted to drugs as a result of her being constantly sick and in bed. The daughter had also said a bathroom cabinet had contained many vials of a liquid that she said had the word “Dila.. something,” written on them and had found exposed needles in the bathroom drawer.
McKimm rejected all Dunlop's daughter's evidence saying it was "entirely fabricated" and stated Dunlop had put his daughter "at risk of prosecution for perjury."
As McKimm read his decision, he told Dunlop, who was representing himself: "I don't think you grasp the situation you are in" after Dunlop asked to serve his sentence in Ontario where he and his two teenage children now live. Dunlop also added he owned a company in Ontario which employed 30 people, suggesting that was another reason he should be in Ontario and receive a light sentence.
"The Crown wants you to go through that door and not come back for two years," McKimm said. McKimm then took an unusual step of ordering the court sheriff to handcuff Dunlop and briefly remove him from the courtroom.
McKimm concluded that Dunlop had repeatedly harassed Erbacker by text message and caused her to fear for her safety, finding him guilty on both charges.
The Crown asked for an 18 to 24 months sentence. Dunlop remains in custody and will be sentenced at a later date.
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