YORK police officer Arthur Swaine was bound over by magistrates this afternoon after admitting causing a breach of the peace.

Swaine, aged 48, and who gave his address in court as Acomb Road, York, appeared before Harrogate magistrates charged with making nuisance phone calls, and using threatening behaviour towards his wife, Heather, on April 10 this year.

But after one of several adjournments during the trial, prosecutor Martin Rudland told the court Swaine was prepared to be bound over.

Earlier Mrs Swaine told the court how her husband had told her he loved her just moments after threatening to kill her.

This, she said, took place at the end of a dispute over who should babysit the couple's children while Mrs Swaine was at a works party.

The couple were separated at the time.

She said that Swaine turned up at the party, in Plunketts restaurant, without being invited, then confronted her outside.

Mr Rudland explained: "He came right up to her (Mrs Swaine) backed her into a wall, and told her he had trashed her car and that next time he got her alone it would be the worse for her.

"His face was up against hers and was very menacing. He then walked away with the bizarre comment 'I love you'."

Her statement was challenged by defence barrister David Bradshaw, who accused Mrs Swaine of "being prepared to lie to get rid of him".

He pointed out Mrs Swaine had met her husband on three occasions since the incident, but she said she was never alone with him and it was "always for the children".

"Do not ever say I lied. He threatened to hit me. He threatened to kill me. Why would I make that up?", Mrs Swaine told Mr Bradshaw.

Earlier in the proceedings, the court heard how Swaine had made a total of 27 phone calls - some silent - to Mrs Swaine's land line, Mrs Swaine's mobile phone, and the mobile belonging to Shirley Smith, the baby-sitter, between 6.15pm and 11.03pm that night.

During some of the calls he spoke to his two daughters, but, said Mr Rudland, some of them saw him become abusive to Ms Smith.

Mr Rudland said: "Between 10.30pm and 11.30pm on April 10, he rang on numerous occasions.

"He called her a tart, said to watch her back, and that she was on his target list. He said 'I know where you live' and that he kept his threats."

Binding Swaine over, presiding magistrate Mary Colquhoun told him: "The court is prepared to make an order that you be bound over for the amount of £500 for the period of two years. You must keep the peace, especially towards Heather Swaine."

She then formally dismissed the criminal charges. Both Arthur and Heather Swaine declined to comment after the case.

Updated: 16:29 Monday, September 03, 2001