Jewish property millionaire, 57, is jailed for 18 months in ‘landmark case’ after refusing to grant wife religious divorce following their 2016 separation
- Alan Moher separated from his wife Caroline Moher in 2016 before they divorced
- Moher didn’t give her a ‘Get’ which recognises the end of marriage in Jewish law
- Ms Moher brought a private prosecution for controlling or coercive behaviour
- Moher was due to stand trial in February before he changed his plea to guilty
- He was jailed for 18 months and ordered to pay £11,000 in prosecution costs
A Jewish property millionaire has been jailed for 18 months after refusing to grant his wife a religious divorce following their separation.
Alan Moher, 57, and Caroline Moher, who have three children together, separated in 2016 after 21 years together and divorced in the family court.
However, Moher did not give her a ‘Get’ – a document that formally recognises the end of marriage in the orthodox Jewish faith.
This meant she was unable to remarry, have more children or enter into a relationship with another man.
Ms Moher brought a private prosecution for a charge of controlling or coercive behaviour between January 2016 and January last year in what was described as ‘a landmark case’ by her lawyers.
Moher, from Salford, was due to stand trial at Southwark Crown Court last February but changed his plea to guilty.
Alan Moher has been jailed for 18 months after refusing to grant his wife a religious divorce following their separation
Caroline Moher brought a private prosecution for a charge of controlling or coercive behaviour between January 2016 and January last year in what was described as ‘a landmark case’ by her lawyers
Anthony Metzer QC, prosecuting, said Moher prevented his wife from remarrying by withholding the Get.
He told the court Moher offered his wife £700,000 in the civil divorce with the Get or £780,000 without it.
Mr Metzer told the court that in August 2015 Ms Moher was ‘so worn down’ by the ‘psychological and emotional abuse’ she had suffered that she attempted suicide.
The court heard that in the process of the attempted suicide, Ms Moher texted her husband to tell him what she had done.
‘He replied: “What colour do you want your gravestone”?’ Mr Metzer said.
On January 22, 2016, the day that Moher received a letter from Ms Moher’s solicitor telling him about the divorce proceedings, he told his wife to ‘p*** off’, and ‘curl up and die’.
The next day, he grabbed her, put his hands around her throat, spat at her face and threatened to kill her.
A Get is a divorce document in Jewish religious law, which must be presented by a husband to his wife to give effect to their divorce.
The text of the Get states ‘You are hereby permitted to all men’, which means that the woman is no longer married and that the laws of adultery no longer apply.
It also returns to the wife the legal rights that a husband holds in regard to her in a Jewish marriage.
Jewish law dictates the Get must be given of the husband’s free-will and be physically accepted by the wife.
It must be specific and cannot include blanks to be filled in later, while it cannot be written on any surface which could be erased.
A wife can sue for divorce in rabbinical court, which can compel a husband to grant the separation through financial penalties and even forcing the husband to spend a night in an unmarked grave.
Jewish law states that coercion will invalidate a Get except in ‘extreme circumstances’.
The next month, Moher refused to let his wife back into her car after she dropped off their youngest daughter, and acted violent and aggressively forcing her to seek refuge in a nearby pub.
Police were called in April that year after Moher tried to kick his wife’s door down to force his way into her home.
The court also heard Moher had a previous public order conviction after threatening Ms Moher following a family court hearing in Manchester.
‘He shouted abuse at her and told her she was going to get what was coming to her,’ Mr Metzer said.
A victim impact statement from Ms Moher was read to the court.
It read: ‘Imagine being put into a straitjacket, gagged, your hands and feet are tied.
‘You are blindfolded. You are in a cold, dark place. Your only weapon is that you are able to hear. You are dependent on your captor to set you free. That’s how I feel still being married to Alan.’
Jeffrey Israel, defending, said: ‘My client is a 57-year-old man and aside from a single public order incident I would ask the court to treat him as a man of previous good character.’
The court heard that Mr Moher was entitled to have 10 per cent taken off his sentence due to his guilty plea on the first day of the trial.
Mr Israel asked the court that it be taken into account that the timing of his client’s plea took place after the CPS made a late indication that it would not be taking over the case.
He told the court that his client had asked the CPS if they would take over the case from the private prosecution on February 11 2021.
Moher admitted one count of coercive control and was jailed for 18 months and also ordered to pay £11,000 towards the prosecution’s costs
‘It was not until a week or two before the trial that a response was received by the defendant indicating that he would not interfere and that the private prosecution was to continue,’ he said.
‘So I would ask that you take that into account.’
He asked that the judge also take into account that his client has autism and ADHD.
Judge Martin Beddoe said: ‘You sought to manipulate and control her all in the knowledge that it would substantially impact her mental health and in some respects also impact her physical health.’
Moher was ordered to pay £11,000 towards the prosecution’s costs.
He admitted one count of coercive control and was jailed for 18 months.
Moher, from Salford, was due to stand trial at Southwark Crown Court (pictured) last February but changed his plea to guilty
The couple separated in 2016 and a decree nisi was granted by the family court the same year, but the divorce proceedings were not finalised until 2019.
They remain married under orthodox Jewish law.
After the sentencing, Ms Moher addressed the press outside court.
She said: ‘My hope is that this case sends clear messages to abusers and their victims.
‘To those who have emotionally coerced and controlled, physically hurt, and dehumanised their spouses – the law will not allow you to get away with your crimes.
‘To those victims out there – you are not alone, and justice and humanity are on your side.
‘I urge you not to stay silent, but to fight for your freedom.’
Source: Read Full Article