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Banned: Gregory Mihalcheon |
A businessman has been banned from entering his £3.8m South Kensington matrimonial home after throwing his estranged wife’s mobile phone against a wall - damaging the £15 case - during a row.
Company director Gregory Arthur Mihalcheon, 52, found himself being prosecuted after wife Andreia, the named secretary on many of his enterprises, insisted on making a statement to police.
The couple are in the middle of a divorce, which involves a dispute over the ownership of a car, and Mihalcheon has moved into the exclusive The Chilterns development in Paddington Street, Marylebone.
He was charged with causing criminal damage to the phone case at the matrimonial home in Wetherby Place on July 26, but yesterday at Hendon Magistrates Court the prosecution offered no evidence in exchange for Mihalcheon being made subject to an indefinite restraining order.
He is prohibited from contacting Andreia, the mother of their son, 15 and daughter, 10, except via solicitors, social workers, civil mediators and the Family Court.
He is also prohibited from entering Wetherby Place.
The moustachioed Canadian-born entrepreneur, who was wearing a blue sports jacket, light creme chinos and brown brogue shoes, did not have to give evidence.
Mihalcheon was sleeping alone in the basement of the family home shortly before a row began at 7.20am.
Andreia told police: “He yanked the phone out of my hand and it was so violent I was shocked. He threw the phone across the room into the wall by the fireplace and the phone fell into the fireplace,” the court heard.
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Wife Andreia |
“The Crown would say that behaviour is harassment,” said prosecutor Kate Seal. “The Crown Prosecution Service will offer no evidence, but a restraining order is applied for.”
Pushing for a ban on Mihalcheon entering the street where his former home is located, she added: “This complainant would feel far more assured.”
Mihalcheon hired QC David Spens to defend him and insisted he did not intend to damage the phone case or was reckless, insisting he was acting in self-defence.
Magistrate Mr. Adrian Gifford commented: “This is not the high end of domestic abuse by any means.”
He told Mihalcheon: “You have no criminal record, but we have approved a restraining order, preventing you from contacting your wife directly or indirectly, except through a social worker, civil mediation, the Family Court or solicitors.”
Mihalcheon is allowed one visit to the property to collect the rest of his belongings.
He was concerned how the restriction would effect his ability to continue making arrangements to see his daughter, but was assured he could communicate with Andreia as long as this was limited to child access issues.
Andreia left the court alone by a separate exit after her husband and his legal team departed, but did not want to talk about the case.