Client charged with uttering threats to his ex girlfriend and her current boyfriend. Complainant testified that on the date in question she received threatening phone calls from the client.  Complainant testified that  on the same date the client had cut off her internet connection as it had been in his name.  Client did not testify.

Held: Trial judge found that the complainant could not adequately explain how the client could have known to call her on that date, on her father’s phone.  The father had been visiting her from out of town.  Also, there was evidence of animus and thus potential motive to fabricate.  Client found not guilty.