Michael McKeon found guilty of intimidation during Bathurst affair

Michael Jason McKeon of Havannah Street, Bathurst appeared before Bathurst Local Court last month, by audio-visual link from jail where he was found guilty of intimidation.

It was found by Magistrate Elizabeth Ellis that the 37-year-old made a threatening phone call to a man on January 8, 2023 around 8pm, after a love triangle involving both men and a woman soured.

During a hearing, police prosecutor Sergeant Jeff Sinton tendered call records from a phone registered to McKeon, affidavits, and interviews with police as exhibits, before he called the victim to the stand.

As the victim sat in the witness box, his electronically-recorded statement was played to the court.

It was at this point details of the month-long love affair in the weeks leading to January were aired.

"I received an anonymous phone call from a number with no caller ID. They were saying 'I will kill you (expletive), I'm coming for you, you know who this is, I'm going to kill everyone in that house'," the victim recalled to police.

"He said 'I'm going to kill you and your partner'. It just repeated with that constantly.

"I don't appreciate someone threatening us."

When asked by Sgt Sinton why he thought the threats were made by McKeon, the victim said it was because he instantly recognised the voice from a previous interaction.

The court heard McKeon made no mention of his name during the exchange.

"He called her one night over Facebook and I answered, he had a similar voice [this time] to the repeated phone calls he made to her ... It was a voice I could remember," the victim said.

The victim also recalled saying "Michael" during the exchange, which was met with a short, silent pause.

McKeon's solicitor Shanaya Stapleton put it to the victim - who had never met or seen McKeon - that it wasn't her client, and "you don't know it was for a fact".

"I 100 per cent don't know that it was him, but I am confident from his voice," the victim replied.

The court heard the phone call was made to the victim by a number registered to McKeon.

During an interview with police, McKeon said "that could have been anyone that done that".

"They (expletive) use anyone's (expletive) information these days," he said during the interview, which was read aloud from a transcript by Magistrate Elizabeth Ellis.

Sgt Sinton said while the men had never met before, there had been contact and it was common knowledge there was an affair.

"It's fair to concede [the victim] doesn't 100 per cent know ... but the documents indicate the phone used to call that night was prescribed to Mr McKeon," Sgt Sinton said.

"Ultimately, the content of the call would indicate someone who is familiar with the family."

Ms Stapleton said in reply the defence's case was supported by reasonable doubt.

"Mr McKeon has never had an interaction with [the victim] ... he's never called him," Ms Stapleton said.

"He does not have that phone number, he doesn't know who does."

Ms Ellis said it was "an unfortunate fact of life" the victim's partner had a short relationship with McKeon.

And, the affair could have offered insight into the information weaponized during the call.

McKeon also, in Ms Ellis' view, had a "silent acceptance" when the victim said his name during the exchange, before he later deflected ownership of the mobile number to police.

"He also acknowledged in the interview that he was well aware [the woman] had returned to [the victim] ... he would have had some knowledge of her personal information," Ms Ellis said.

"On the basis there is no prospect of finding an innocent explanation, I am of the opinion the charge is proved."

McKeon shook his head as Ms Ellis delivered her judgement.

In Bathurst Local Court on August 11, Ms Ellis sentenced McKeon to two years in prison for this matter, and three unrelated charges.

He was given a non-parole period of one year and six months, and is eligible for release on November 7, 2024.

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