Here
is a brief history to inform a solicitor about events in reply to a
writ issued in 1994 under the matrimonial housing act of Scotland.
Issued by Pauline to evict me from my home. It is compiled from
extracts of a diary kept from 1989 to 1994.
Prior
to my marriage to Pauline Frances Martell, I was a single
parent
with control and custody of both daughters and a good
relationship
with them both.
I
was aware before I married that Pauline had divorced her
husband
on grounds of domestic violence, and she was having some
difficulty
coming to terms with her past experiences.
She
also suffers from irrational jealousy, and, low self esteem
as
a result of the previous marriage and thus can not handle any
form
of reproach.
We
moved into Doehouse in the summer of 89, as a result Pauline
suffered
sever bought of depression which she said was a result
of
homesickness for Cornwall. This was a difficult year, which
ended
with her in despair for her eldest son who was a drug
addict.
In
1990 the Pauline travelled south to section her son under the
mental
health act, and returned to Orkney. Her son committed
suicide
in august and she returned with her two youngest sons for
the
funeral. From here on relations became more difficult and her
behaviour
less predictable.
Her
violent mood swings gave rise to the belief that her
hormones
were out of balance, and she was suffering from
depression.
Her violent abusive behaviour which had occurred
about
13 times a year became more frequent, although she would
not
accept responsibility for her actions and thus would blame
anyone
else for causing the out burst and making them feel
guilty
and apologetic, in most cases this fell on me.
If
I argued back or was defiant she would take her wrath out
on
my daughters. My relationship with my daughters was
especially
irksome and an irritant to her, to avoid unpleasant
scenes
I actively withdrew from them, and encourage a better
relationship
with her.
In
1991 I started a stock diary which I put the odd jotting of
other
events in. Pauline read it on odd occasion and was upset
by
the content, I then resorted to encoding some information
which
I use to chart the progress of her HRT, to anticipate the next
difficult period, and if possible avoid the consequences.
1991
was the first real year of farming and the farm started
to
occupy more of my time, it gradually went from a chore to
my
only allowable hobby/pastime and refuge.
It
soon became apparent that her control of her temper was
diminished
with fatigue and tiredness. It became important to
reduce
the stress levels and ensure adequate rest for my life
to
be tolerable, even so on 10 occasions I slept down stairs
on
cushions following intolerable verbal abuse. When I slept
down
stairs away from the matrimonial bed it was followed by feelings of guilt
on her behalf, made worse if any of the children saw evidence of a
split in relationships. I therefore had to remove all evidence before
the rest of the household
awoke.
Relations
with her son Jonathan began to deteriorate as he sought the same
compassion given to his mother for the loss of his brother. Meal
times began to resemble a battle field where I was subject to a,
argument on any subject by Jon. He was never admonished by his
mother. and if I tried to correct his actions she would join in on
his side.
On
numerous occasions I left the table with a meal unfinished, for the
sanctuary of the Byre.
The
worst occasions were on the 5 May and the 6 May when I broke a plate
as I left. Throughout the year the episodes of depression increased .
On
the 21 July feeling suicidal she left the house and did not return
for a number of hours. I had no idea where she went.
Her
suicide threats increased although she made no attempt I thought that
talking about suicide some how reduced the risk.
On
the 29 August ,about a year after her sons death she did
the
same as before, but arrived home in a very depressed
state.
This would be the closest she would come to suicide
until
1994.
1992
saw an increase in nights down stairs to 14 , and a
feeling
that with extra work on my behalf I was getting on top
of
the problems. Pauline was still having counselling and under her
doctor for hormone imbalance, she was taking tranquillisers on a
regular basis. New normality broke down, on the 28 April and the 29th
again with Jon as the catalyst.
After
an abusive shouting session where Jon said he had got rid of his
father from the house and I would be easier. Pauline joined in. This
time I threw a cup at the wall in frustration. I escaped to the byre,
unfortunately she followed me there and physically assaulted me and
told me to get out. I remained working outside until dinner time when
the
atmosphere
had improved, although the children were still hostile.
The
following day I was only verbally abused and stayed away from the
bedroom for as long as possible, by which time she was asleep. The
year ended with the dread of opening to the public the next year, but
with a few trips off the island to look forward to.
1993
A further increase in sleeping down stairs to 17
including
31 January when I was grabbed by the hair and told to get out. Next
morning all children were very frosty and not speaking.
On
the 1st Feb advertised the house for sale as demanded by Pauline, but
Pauline had cold feet and put off all enquirers.
On
16 may after an appalling day of depression and verbal abuse from
Pauline and with the family joining in I stayed awake all night. I
then woke every one up at the normal time that I get up and told them
to start there work ,as I do and see if they like being abused at the
end of it. Had an apology from all.
On
the 16 August had an altercation with Jon who was appalling and
violent, in desperation I threw a bucket of water at him and chased
him
down
the drive, while he was shouting abuse.
On
22 August a new helper arrived who seemed over friendly, Pauline was
very jealous and a big row ensued ,it was difficult to end the
incident, which ended when I threw my coffee cup at the wall and
smashed it. She seemed to gloat at my discomfort.
On
the 8 September Pauline demanded that the Fibre Farm and dairy be
separated from the farm to give her a direct income and thus some
incentive. It was a non started for vat returns, although it was a
very unpleasant incident, I did promise to think of some other way
round it.
10
September Thomas Martell's (Pauline's son ) gave me a cheque for £30, which bounced, and although I gave him cash in good faith , he made no move to repay
the deficit.
On
26 of September following 3 days of abuse and insults from Jon My
resolve snapped and told Jon to get out. After calming down I went
into his room to discuss his action. After he threw a cup of hot
coffee over me and beat me around the head with his exercise books,
he accused me of ruining a good nursing career. I said then I would
move out if that was the only option. Pauline told me to get out so I
did and moved into
the Vanglee bed and breakfast.
I was unable to communicate with my children who were abusive because Pauline was upset, and as the farm was in my name could not fully care for the stock. She would not sell the
I was unable to communicate with my children who were abusive because Pauline was upset, and as the farm was in my name could not fully care for the stock. She would not sell the
farm
either. I was persuaded to met her again and she begged me to return,
with promises of improved behaviour as she realised what she could
loose.
6
October spent a night in a local hotel and came home again on the 7th
after an apology to every one.
26
October Pauline demanded to be a partner in the farm, and
reluctantly
I agreed to look into it.
On
the 27 November (the incident she refers to in her writ) I had
attended a search and rescue exercise in Kirkwall and returned home
at about 1400 she was in a foul mood. She was complaining about the
work I expected her to do without any praise or reward, and Jon was
working hard but I did not appreciate it, I could see no way of
calming her down so made a bolt for the door and the sanctuary of the
byre. She caught me at
the door by the wrists and would not let go. As I was struggling to
release myself our heads collided. After a further few minutes of
struggling I managed to calm her sufficiently for her to release me,
it took a further half an hour to calm her down, I then noticed she
had a swelling under the eye. At no time have I ever punched her,
before or since. When Jon saw her mothers face was swelling he
invited his
friend round for dinner, the best way to publicise the incident. Our
wedding anniversary was due the next day, It cast a shadow over all
our dealings. Pauline took no steps to conceal the injury or act
honestly.
On
December 7 after constant complaints that the farm was coming between
us I put the farm up for sale through an advertising agency down
South.
14
December the counselling session had gone particular badly and she
was very depressed and worried that the questioning was getting a bit
too close and intrusive.
16
December received answers to the advertisement for the house, she
felt uneasy and threaten.
17
December house sale was cancelled.
1994
was a bad year in any ones books, with 33 nights on the floor
following verbal abuse, 3 of which were followed by physical abuse
normally hair pulling scratching and biting. She also physically
attacked me during sex ,which curtailed activities in that area. On
each occasion they coincided with PMT one day before menstruating.
20
January Daniel (her eldest remaining son) sent to prison
for
9 months for drug trafficking.
March
14 counselling session at Kirkwall , the last joint meeting, the
discussion centred on relations with the children especially Jon. I
expressed my concern for the amount of rumours circulating about my
character, all slanderous. She became very distressed and the session
was terminated. On the way home she tried to jump from the car whilst
it was
still
moving at 30 mph and again at 20 mph. It was a difficult and taxing
drive home. She said she felt totally suicidal , the rest of the day
was spent with her.
23
march I arrived home to find our neighbours cycle out side I was told
that it was given to Sam to use, why I asked when you have a good
cycle in the byre but not using it. I was told that it was in case he
had to escape from the house ( I assumed his petty stealing from the
farm shop had come to light). I was horrified as I have never harmed
him . I believed this to be the work of Jon who was still spreading
stories to gain sympathy from older men. No one else seemed to be
bothered, although baffled and upset I did not dwell on it.
4
April Jon at his most destructive in abuse and actions
I
did however manager to remain calm, but spent longer than I
should
have out side in the byre.
5
April went to Aberdeen for a course, leaving Pauline to look after
the cashmere goats which were about to kid. Jon was suppose to check
on the goats as Pauline was tired but could not be bothered,
consequently a brown cashmere kidded with difficulty and both kids
were lost. When I arrived home she was distraught but I managed to
calm her, and not tell Jon off for his neglect. The brown goat
subsequently died from complications of the birth.
23
April Jon again very disruptive and endangering the welfare
and
health of the horses, shown what to do and why, but received severe
verbal abuse.
24
Jon again abusive, when I went into his bedroom to ask why he
did not do what he said he was going to do. He was verbally abusive
I snatched a book from his hand, to make him listen to me
when he lashed out with his feet to try and kick me in the groin. I
caught is foot and pitched him out of bed and threatened him if he
continued. He said he was leaving, I said good get out, and went to
sort out a ewe that was lambing. Jon left home. Pauline was fuming
and we had strong words ,I slept down stairs.
25
April I wrote Jon a letter asking him to return home and treat the place
like a hotel until he left home to start work. He refused.
27
April brought papers for entering a partnership home she refused a
partnership as the farm was loosing too much money.
15
May Jon's birthday, I spent most of my time outside and left the rest
of the family to enjoy the celebrations.
6
June Pauline having panic attacks about the running of the fibre farm
tours, told her not to open. That evening the Doctor told me to
ensure she did not open as she was near a breakdown.
8
June Tom (Pauline's son) phoned to complain that Jon's state was
her fault, took a long time to calm her. Had little sleep
that night .
13
June meeting with the doctor which seemed to be more for my benefit
than hers and more a lecture on low self esteem.
14
June Jon left for a holiday in England, still not living with
us.
14
August Tom phoned complaining about Jon's actions which were
unacceptable.
17
August Guy phoned to complain about Jon's Homosexual friends intimidating
his girl friend who is pregnant and very worried. It
seemed that Jon was jealous of her for her relationship with
his favourite brother. The plan was to change telephone numbers to ex
directory, move home when convenient, to avoid the intimidation.
19
August Jon back on Island staying with male friends.
23
August Jon arrived at the house while I was outside working I
felt disgusted at his actions , I could not bring myself to speak
to him. I changed and went out for an orange juice at
the
Smithfield until he left, and the night on a cold floor when I returned.
On
6 September (as cited in her writ) I arrived home later than normal,
not being in a hurry to get home these days. I found Pauline
withdrawn and upset. The meal was a quiet and monotone affair, when
the children left the room she told me that Jon was very upset that I
had sent him to Coventry and he was very miserable. I replied that
was his problem he has
created
the atmosphere, how can he return to a house that is supposed to be
so dreadful to live in . He is in control of events I am the victim
and thus will make no effort to ease his conscience.
She
then started to hurl obscenities, and I made for the door.
she
caught me by the dairy an spun me round by the hair.
I
broke her grip and pushed her away. I went towards the field
to
let the goats in, she attacked me from behind, grabbed me by the hair
spun
me round and kicked me, with difficulty I escaped and pushed her
away, and told her that was enough. She attacked and I escaped a
further 3 times, but by now I was very sore.
I
entered the byre with the goats and slammed the door behind me. I
heard the door open and again she came after me. This time she held
my overalls and clothing either side of the neck, and was pummelling
my neck whilst hurling abuse and obscenities, her eyes were wild and
she seemed to have lost control. When I could stand it no more I
broke her grip and ran for the door. she caught me in the collecting
yard and tried to strangle me, at that I threw her over my shoulder
lowered her to the ground and broke the grip. I said she was a crazy
bitch ,and told her to get out. She lay on the floor kicking her legs
up and down and screaming like a child with a tantrum. I left her
there and returned to the animals very shaken.
Joanne
My daughter next opened the door demanding to know what had I
done
to Pauline, I told her to grow up , I have had enough leave me alone.
when
I came into the house it was deserted.
The
following day after a sleepless night and in severe pain I went to
work I could not speak properly due to the injury to the neck. I
could not speak normally until Friday and even then with a croaky
voice.
I
then took steps to seek a legal separation and sale of the home and
business.
In
the mean time I was trying to run the over stocked farm by
starting
work at 5 am and working until 10 pm or when I collapsed.
On
10 September I delivered milk to the Stromness Coffee shop and saw
Joanne,and Hilary they were abusive.
That
after noon Pauline came to the farm and said she would like to come
back, it was only a scrap. I said I want a separation and to sell the
property. For the following weeks I received phone calls at 2330
,which
hung
up when I picked up the receiver.
22
October I found some one willing to assist me with the farm
as
she was being made homeless, and her possessions were moved
in
by Orkney removal to save on storage.
24
October Sue (my assistant) returned from shopping to find
someone
in the house. she turned the car round and stayed away
until
I left work.
25
October Sue was cleaning out the cupboard in the kitchen when she
heard someone arrive , as most of Pauline's belongings were pack in
boxes down stairs she went to hide in the bedroom. Pauline confronted
her in the bedroom and was very abusive. Sue phoned the Coastguard
Station in a distressed state, I left work to pick her up and brought
her back to the
station
until I finished work. For the rest of the week she left the house in
the morning and not returning until late.
Pauline
had stolen my diary to collect evidence , and delivered it to my
immediate superior. He was not amused and warned me it had better not
happen again.
28
October served with a writ at work
29
October served with the writ at home.
At
1807 received an abusive telephone call from Jon,
I
asked him who it was , but he would not give his name.
I
said the time is 1807 your call is logged then phoned the
police
to stop the calls.
In
the writ Pauline mentioned I had neglected the stock and
that
some had died. 4 goats have in fact died, as did in the
same
period in 1993 and less than the same period in 1992.
As
her care of the stock is considered not negligent I refute
the
accusation that as I have not lost any more than before in
this
known danger period.
I
have not intimidated her or tried to make contact with her,
where
has she has harassed and pestered me.
When
I refer to the last attack she made on me I mean this is
the
last time it will happen.
I
applied for separation so as not to justify grounds which
she
would find distressing if brought to public.
I
believe my daughter is at risk living with Pauline as I have
been
her safety valve for so long she will transfer her aggression towards
Hilary.
Pauline's
track record as a parent is not brilliant:
Patrick
committed suicide after mental illness following a long period of
drug abuse.
Daniel
imprisoned for 9 months for drug trafficking
Thomas
alcohol dependency
Jonathan
Homosexual but not out, due to religion, and a cannabis user
Sam
Having difficulty with his sexuality, and a thief
I
still have care and control over Hilary from a previous marriage and
extensive welfare checks.
I
expect the same thorough checks to be made of Pauline.
I
do not wish to deprive Pauline of anything which is justly
hers,
therefore I am seeking a legal separation and an amicable
division
of the assets, with myself taking the outstanding £1000 overdraft on
the farm.
I
consider it important that I should have accommodation available for
Hilary when she needs to escape from an intolerable situation.
The
farm is overstocked and as agreed before she left to reduce the stock
I want leave to sell stock for meat to markets which may not be
available in the future.
The
farm business is in my name , she received a wage from the
farm
not the debts incurred. Therefore it was not her sole business and
has no right to take it over and demand £500 monthly payment
as well. She has received £100 per month in her account before and
after the split up, I also paid the airfare for her holiday south.
She has no reason for not finding a job the same as the rest of us if
she wants more money.
The
payment to her of £100 per calendar month is still in
force.
As
Pauline has no financial interest in the farm I do not see how she
would effectively run it, until a just settlement was reached
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