A FORMER Swindon builder, taunted by texts alleging he was being unfaithful to his partner, produced a hammer and damaged a garden gate as a scare tactic, magistrates in Swindon heard.

Jason Kenneth Mensah, 41, formerly of Hanson Close, Shaw, but now of Barlock Road, Nottingham, pleaded guilty to charges of criminal damage, using threatening words or behaviour, driving a motor vehicle without a full licence and driving without insurance in court on Wednesday.

Pauline Lambert, prosecuting, told the court that at 9am on January 30 this year Mensah received a phone call from Billy-Joe Cosgrave, whom he had known for five years, asking him to go and see him.

Five minutes later Mensah, then living at Hanson Close, arrived at Mr Cosgrave’s house in Essex Walk having driven there. There was no-one with him in the car.

An altercation resulted, at the end of which Mensah took a hammer from the back of his car and appeared to be ready to attack Mr Cosgrave.

The garden gate was shut on him and Mensah slammed the hammer into the gate, after which the police were called, Miss Lambert said.

Ivor Ward Jones, defending, said Mensah, who works in the building trade, accepted he had been a fool.

He said Mr Cosgrave had been spreading rumours about Mensah’s fidelity and had constantly contacted Mensah’s partner and mother of his children.

The rumours were not true, Mr Ward Jones said.

On the day of the incident Mensah had gone to his girlfirend’s house to find her on the phone to Mr Cosgrave who was saying Mensah was having an affair.

Mensah grabbed the phone and asked why Mr Cosgrave was behaving that way and Mr Cosgrave had replied: “Why don’t you come round here and talk about it.”

Mensah jumped in the car and drove round as he was "in such a paddy", Mr Ward Jones said.

When Mr Cosgrave showed no remorse for his behaviour Mensah got a hammer from his car and hit the gate with it, with the intention of scaring him.

He told the police everything and said he should not have behaved in the way he did but the provocation had been severe and lengthy.

Mr Ward Jones said Mensah had a provisional driving licence and was insured to drive accompanied by a qualified driver but admitted he had not done so on that occasion.

The magistrates found that there had been some provocation for Mensah’s actions. He was fined £250 for using threatening behaviour and ordered to pay compensation of £50 for the damaged gate.

For having no insurance he was disqualified from driving for 28 days and fined £250. There was no separate penalty for the driving licence offence.

He was ordered to pay a victim surcharge of £85 and court costs of £85.