Justin Paul McKellar faces Toowoomba District Court for stalking ex-wife

The 46-year-old was drunk when he stood outside his ex-wife’s home and shouted abuse and threats. See what the court did with him.

A 46-year-old man who continued to stalk his ex-partner in breach of a prohibition order, despite having split with her 10 years ago, has been sentenced to actual jail time.

Justin Paul McKellar had previously breached domestic violence orders involving his former partner 10 times, with five of those involving physical violence, Toowoomba District Court was told.

Despite a protection order prohibiting him from going within 50m of the woman or her home, McKellar had been seen outside the woman’s Toowoomba home on the afternoon of February 23.

Crown prosecutor Emily Coley told the court McKellar had then followed the woman as she walked to the nearby Clifford Gardens Shopping Centre and then on her way home at which time he yelled obscenities at her and threatened to kill her.

Toowoomba Courthouse

In fear, the woman called police who a little later found McKellar and arrested him though he was granted watch house bail, she said.

Just five days later, McKellar was again seen outside the woman’s home about 3.30pm, yelling abuse and telling the woman she “better watch out”.

Police eventually found a drunken McKellar later that night in the woman’s street and he was arrested and held in custody since, Ms Coley said.

McKellar appeared in custody to plead guilty in court to stalking with violence in breach of a domestic violence order.

His barrister Wes Seewald told the court his client was Cunnamulla born and bred and had worked predominantly in shearing sheds and for a time with Cunnamulla Council.

It was McKellar’s intention to return to Cunnamulla to live with his mother and find work there, he said.

McKellar instructed that he accepted his relationship with the aggrieved woman had ended in 2013 after having six children together, he said.

Alcohol had been a factor in his client’s offending and at the time of these incidents he was heavily intoxicated, Mr Seewald said.

Judge Vicki Loury KC noted McKellar was medicated for cirrhosis of the liver from alcohol abuse and warned him that he would kill himself if he didn’t stop drinking.

Judge Loury declared the 188 days McKellar had spent in pre-sentence custody since his arrest as time served under the sentence and sentenced him to two years in jail but ordered he be released on parole as of October 31, 2023.