A Burnaby man sentenced to nearly four years in jail for online harassment of his ex-wife has had his appeals thrown out of court.
In June 2017, a jury found Patrick Fox guilty of criminally harassing Desiree Capuano, who lives in the U.S., through threatening emails, and a website that falsely painted her as a white supremacist, drug addict and child abuser.
Fox appealed his conviction and sentence, arguing a lawyer who was provided to cross examine his ex-wife was ineffective, colluded with crown counsel and covered up Ms. Capuano’s perjury.
The court rejected that argument and dismissed the appeals.
In her judgement, Madam Justice Newbury said in March 2019 while Fox was out on probation he appears to have participated in launching a new website devoted to attacks on Ms. Capuano’s reputation, which violates a Provincial Court order.
In a transcript of her oral judgement Justice Newbury said "Mr. Fox engaged in conduct he knew to be unlawful, and in doing so continued his harassment of Ms. Capuano."
Fox also allegedly attempted to travel to the U.S. without the approval of his probation officer.
He was arrested on April 4 in Burnaby, and a judge denied his request for bail.
Fox will be tried for breach of probation in August.
