Steve Jacobs’ ex-wife suggested another former partner’s ‘vacancy had been filled’ before assault: court

Steve Jacobs’ ex-wife Rosie sent her 39-year-old former AFL player lover a revealing email before he assaulted her, a court has heard.

Matthew Shir arrives at Downing Centre court. Picture: NCA NewsWire/Bianca De Marchi

Steve Jacobs’ ex-wife Rosie sent an email to another former partner that suggested his “vacancy had been filled” hours before he broke into her home and assaulted her, a court has heard.

Ex-AFL player Matthew Shir, 39, is facing sentencing in Sydney’s Downing Centre Local Court having pleaded guilty to assaulting Rosie Jacobs, the ex-wife of former Today show weatherman Steve Jacobs.

Shir’s lawyers told the court his “motivation was pure, his execution was lacking” after he forced open a broken door to get into Ms Jacobs’ Sydney eastern suburbs home in January.

After taking his shirt off, Shir climbed into Ms Jacobs’ bed and attempted to cuddle her by putting his arms around her torso.

Rose Jacobs with her ex-husband, former Today show personality Steve Jacobs.

Matthew Shir arrives at Downing Centre courts in Sydney. Picture: NCA NewsWire/Bianca De Marchi

He resisted her demands to leave before she called a downstairs neighbour and police, prompting him to eventually depart.

Shir has pleaded guilty to common assault and damaging property but had a string of other serious charges withdrawn.

The court heard Shir and Ms Jacobs had a tumultuous relationship that ended just 24 hours before the incident on January 10.

At 6.40pm that evening, Ms Jacobs sent an email saying: “Please be advised that I want my house key returned to me immediately.”

A minute later she sent another emailing saying she needed the key because a man named “Dylan” was coming to stay with her, Shir’s defence lawyer Greg Goold told the court.

“His remorse and contrition is acknowledged,” Mr Goold said.

“He later gets an email and could have been upset, his vacancy has been filled within 24 hours, he didn’t go and tell nasty stories.”

NCA NewsWire understands she was referring to Dylan Nash, a Canadian commando she is dating.

Matthew Shir and Rosie Kelly, the former wife of Stevie Jacobs, toast their lives together. Picture: Instagram

Shir also had an apprehended violence order taken out against him.

Shir is facing a maximum possible jail term of two years in prison however Mr Goold argued the offence was on the lower end of the scale.

Prosecutor Laura Crase argued Shir should be sent to prison however her submission raised the ire of deputy chief magistrate Michael Allen.

Mr Allen pointed to another email from Ms Jacobs in the day prior — but sent before their break-up — in which she called Shir her “beautiful wookie” and said she was grateful for him “every night and day”.

Mr Allen described it as a “low level” offence, albeit one aggravated because he had forced his way in about midnight when she was home by herself.

Ex-AFL footballer Matthew Shir has pleaded guilty to assaulting his former partner Rosie Jacobs.

According to a statement of agreed facts, Shir arrived at Ms Jacobs’ Bronte unit and tried to let himself in using his key however was stopped by a security latch.

He made his way into her second-floor unit by scaling a security fence, damaging it in the process, before getting in via a balcony screen door that had a faulty lock.

After repeatedly banging and pulling the door, he caused the internal lock to fall off and let himself in.

After taking off his shirt, he climbed into Ms Jacobs’ bed and tried to embrace her by putting his arm around her.

She repeatedly told him “you’re not welcome, I want you to leave immediately” but he refused, saying he wanted to sleep in her bed and promised to leave in the morning.

He followed her into the living room where he cornered her and attempted to embrace her again, however she threatened “I will punch you”.

After calling a downstairs neighbour, who came to her apartment, and locking herself in the bathroom where she called triple-0, Shir eventually left.

“The victim was so frightened she stayed in the bathroom and used a doorstop to stop the offender from being able to come in or go near her again,” the statement of agreed facts says.

He was arrested at his Bondi apartment several hours later and conceded to police he had consumed eight to 10 drinks after work.

The court heard Steve Jacobs had written a reference on behalf of Shir.

Shir claimed he went to the house because he was concerned for her welfare.

Mr Goold conceded his client did the wrong thing by forcing his way in and not abiding by her requests for him to leave.

“The welfare of the victim was paramount in his mind when he went along,” Mr Goold said.

He previously had several charges withdrawn including aggravated break and enter, stalking and sexually touching a person without consent.

Shir played 11 games for the Adelaide Crowns from 2001 to 2002.

Mr Allen will deliver his sentence later in the month.