A GARDENER tried to intimidate a woman he was accused of raping to stop her giving evidence by telling her a Malvern 'gangster' was after her and her family.

Marc Schuster was acquitted of rape but convicted of witness intimidation by a jury at Worcester Crown Court.

Schuster, aged 38, of Elgar Avenue, Malvern, who works as a gardener at Croome Cottages appeared before his honour Judge Nicolas Cartwright QC on Thursday to be sentenced.

The court heard that an allegation of rape was made by a woman against Schuster in 2010 but she later said she had consented.

However, the complainant, who cannot be identified for legal reasons, later told police that the statement she had made was untrue and the sex was not consensual.

A decision was made by November 2015 that he would be prosecuted for rape.

In summing up the case Judge Cartwright said it had been when Schuster was awaiting formal postal requisition on November 6, 2015 that he rang her and said he had been in contact with a man she thought of as a 'gangster' eight times and told her 'he would come after her and her family'.

Judge Cartwright said: "She described him as the gangster of Malvern."

Reference was also made to another man with whom she had had an 'unpleasant experience' which Judge Cartwright said he had done in order to scare her.

He said: "That frightened and intimidated her."

Schuster was told no credit could be given in terms of a plea because he had denied the offence.

He added: "As I summed the case up to the jury, the course of justice involves witnesses, whether telling the truth or saying things that aren't true, having the opportunity to give their account so the jury can make a fair assessment of where truth lies.

"Your interference with the process is the substance of the offence. Having said that, it's plain you have been under a great deal of stress while these things have been dragging on over many years, within the six year time frame I have already outlined.

"There needs to be an element of punishment and of deterrence in relation to such an offence to make sure people aren't tempted to tip the scales in their favour when they face a criminal allegation."

Judge Cartwright said although the offence crossed the custody threshold he was not going to impose an immediate custodial or a suspended prison sentence.

He imposed 80 hours of unpaid work as part of a one year order and warned Schuster that if he breached that he order he could impose a more onerous sentence.

He further ordered Schuster to pay £250 towards prosecution costs.