News

Judgement reserved on Herald editor

Published

7 years ago

April 20, 2017

Barrister Matthew Paul: Pictured with Herald editor Thomas Sinclair

THE EDITOR of The Ceredigion Herald appeared in court today (Apr 20) charged with breaching a statutory reporting restriction.

Thomas Hutton Sinclair, the 37-year-old editor of the Herald titles, was on trial for allegedly identifying the complainant in a sexual offence case.

Appearing in Llanelli Magistrates’ Court, Mr Sinclair maintained his not guilty plea.

Prosecuting, Emma Myles told the court that the allegation related to an article published in the Ceredigion Herald in 2016.

“The court will be aware that under the provision of the 1992 sexual offences act the complainant has a right to anonymity,” Ms Myles said.

“It is the Crown’s submission that this falls foul of the wording of this act.”

All written statements were accepted by the defence, and the case hinged on whether the article in question breached the Act in question or not.

The court heard from the record of a police interview with Herald deputy editor Jon Coles, in which he stated that he had received the court report in question from a Herald court reporter, and changed the tense from present to past, as well as fixing some errors.

Describing Mr Sinclair as ‘a hands-on editor’, he added that Mr Sinclair had the final word over what was published. Mr Coles stated that in this instance he had not been instructed to check whether the content complied with the law, though on some occasions he carried out this task when asked.

In an informal interview last year, Mr Sinclair told police that he had held the role of editor since 2013, although his training was in law not journalism.

He added that as a total of around 1,200 articles were published over the four titles each week, it was ‘impossible’ to edit all of them, and some of this work was referred to the deputy editor. In this case he had not seen the article until it was brought to his attention by the police.

When asked his opinion on whether the article breached reporting restrictions, Mr Sinclair replied that it ‘sailed close to the wind’ but would not allow members of the public in general to identify the complainant.

He pointed out that the defendant in the original case had ‘a common surname’ and that The Herald had not reproduced his address.

When asked if he would have changed anything had he edited the article himself, Mr Sinclair suggested that he may have taken out details of the defendant’s occupation.

However, he maintained that ‘any member of the general public would not be able to piece together who the complainant is’.

He also noted that the reporter who wrote the article had just been coming to the end of a probationary period at the time, and that his staff had already been booked onto a media law course.

Summing up, Ms Myles said that it was the Crown’s submission that by publishing this article, Mr Sinclair had breached legislation specifically aimed at that type of case.

“I respectfully submit that the legislation must be stringently applied,” she added, stating that details of the relationship between the complainant and the defendant in the original case which were published breached the legislation.

Representing Mr Sinclair, Matthew Paul set out the information revealed in the article – the name, age and former occupation of the convicted party, along with the date of conviction and a familial relationship which had existed at some point between him and the complainant. However, he noted that the date of the offence and the defendant’s address had not been included, and no indication had been given as to the age of the complainant.

His argument was that in this case there was nothing in the article which would allow any member of the public not closely connected with the convicted party or the complainant to make any identification.

Mr Paul stressed that for a conviction, it had to be demonstrated that there was a real, rather than a hypothetical risk of identification.

Referring to the case of the Attorney General vs Greater Manchester Newspaper Group he noted that it had been found that the risk of identification was not based on relative statistical probability but ‘a real risk’.

“The Crown has to establish more than a hypothetical, but a material risk,” he added.

Mr Paul noted that the Crown appeared to be of the position that placing the complainant in a ‘pool of potential victims’ was the same as identifying them.

“Identifying, in my submission, must mean only one thing; it must lead to one person.”

Mr Paul added that the familial relationship mentioned could apply to more than one person, and that there was nothing in the report which suggested whether it was an historical or recent offence.

He suggested that the most the article could lead to, if read by someone familiar with the convicted party and/ or complainant, would be to place them in a ‘small pool’ of potential people.

He also noted that this small risk of identification was made even smaller by the Ceredigion Herald’s circulation figures at this time, which amounted to a relatively small percentage of the county buying a copy, and the fact that the story was not placed online.

“Right from the start you are dealing with a low-level risk, made even smaller by the fact that the date of the offence was not mentioned,” he added.

“Overall, you are looking at whether this report would lead members of the public to identify the complainant – it is my submission that it would not.”

District Judge David Parsons reserved judgement until May 12 at Llanelli Magistrates’ Court.

Health

Pembrokeshire residents suffer severe health decline ‘due to landfill gases’

Published

7 hours ago

April 24, 2024

Tom Sinclair

A PEMBROKESHIRE couple, Mr Richard and Revd Patricia Rogers of Crud yr Awel, are experiencing severe health issues attributed to emissions from the Withyhedge Landfill, resulting in drastic lifestyle changes and severe symptoms.

Revd Rogers, who has managed asthma since childhood, reported a significant deterioration in her condition following exposure to landfill gases. Despite having controlled her asthma with minimal medication for years, she now requires intensive treatment including increased doses of Symbicort and Salbutamol Sulfate inhalers, alongside courses of steroids and antibiotics. Her symptoms have escalated to include extreme breathlessness, a hacking cough, frequent nosebleeds, continual headaches, and vertigo, culminating in a severe impact on her ability to perform daily tasks and care for her disabled daughter.

The couple’s health is closely monitored through their doctor’s surgery, and they attend the asthma clinic regularly. However, feeling powerless to directly change the situation, they have taken a stand by cancelling their council tax payments, a decision they plan to maintain until the landfill issue is resolved.

Revd Rogers has also prepared a letter to the Coroner, outlining the severity of her health issues as potentially life-threatening due to the landfill’s impact. This dramatic step underlines the gravity of their situation and their desperation for a resolution.

The Rogers’ story is not just a personal tragedy but a stark example of the broader environmental and health challenges faced by the community surrounding the Withyhedge Landfill.

They are calling for punitive measures against those responsible, including compensation for the financial impacts of their ordeal.

Their story has surfaced on the same day we reported that Natural Resources Wales is taking further enforcement action against the firm running the site.

NRW has issued site operators Resources Management UK Ltd (RML) with a further Regulation 36 Enforcement Notice which requires the operator to deliver a series of actions by specified deadlines to address ongoing smells from the landfill.

You can read more about the Enforcement Notice on the NRW website.

Outgoing Council Leader, Cllr David Simpson, said in a statement this week: “The smell from Withyhedge is having a major impact on residents and visitors. This situation has gone on too long and it is unacceptable.

“We now need to see RML act on the demands of the Notice and within the deadlines.

“The Council fully backs NRW’s stance that nothing is off the table in terms of further enforcement, including suspending the site’s environmental permit if appropriate, and we remain committed to working with NRW to ensure a long term solution to these issues.”

NRW issues new enforcement notice at Withyhedge

Entertainment

Fishguard Festival of Music launches at the Senedd in Cardiff

Published

7 hours ago

April 24, 2024

Tom Sinclair

Paul Davies MS for Preseli Pembrokeshire hosts event to promote major programme of summer concerts.

THIS year’s Fishguard Festival of Music/Gwyl Gerdd Abergwaun was officially launched at the Senedd in Cardiff Bay this week (Wednesday) in an event hosted by Paul Davies MS Preseli Pembrokeshire. Guests attending heard from the festival’s artistic director Gillian Green MBE about the 18 events extending over three weeks that will be staged at venues across Pembrokeshire from 18 to 31 July, including a concert by the Welsh National Opera Orchestra at St David’s Cathedral.

Paul Davies MS, said: “I’m truly honoured once again to sponsor the launch of the Fishguard Festival of Music. Over the summer, Fishguard will host world-famous musicians like harpist Catrin Finch and fiddle player Aoife Ní Bhriain, and the festival also includes performances from the National Youth Orchestra of Wales, the National Youth Choir of Wales and the Welsh National Opera Orchestra – so there really is something for everyone! Tickets to these performances sell out quickly and so make sure to head over to the Festival’s website and secure your tickets before it’s too late.”

Gillian Green MBE, Artistic Director of the Fishguard Festival of Music, added: “The Fishguard Festival plays a significant role on the cultural map of Wales and our mission to bring world-class music to Pembrokeshire is as strong as ever. This year we will have a real feast of music awaiting audiences in West Wales. The local community’s work in producing this fantastic festival is nothing short of a small miracle.”

Artists performing at this year’s festival include Peter Donohoe, Catrin Finch and the Marmen String Quartet. The full programme is available to view on the festival’s website www.fishguardmusicfestival.com

Climate

NRW to reduce mowing in May to help pollinators

Published

8 hours ago

April 24, 2024

Tom Sinclair

NATURAL Resources Wales (NRW) will reduce mowing as much as possible on the land in its care during May to help tackle the nature emergency and in support of Plantlife’s ‘No Mow May’ campaign.

The scale and rate of biodiversity loss across Wales is accelerating. Every third mouthful of food we eat has been created by pollination, and without pollinators our food supply would collapse.

Half of the UK’s 27 bumblebee species are in decline, and of the 43 species of butterfly seen in Wales, 10 are in severe decline and 17 are declining.

There are several reasons for the decline in pollinators, such as climate change, pollution and pesticides, and change in how land is managed.

Throughout the growing season, NRW cuts grass and vegetation in areas such as forests, nature reserves, river banks, flood defences and reservoir embankments.

Reducing mowing in May will help biodiversity by allowing spring plants to set seed and grow to provide nectar and pollen for pollinators, such as bees and butterflies.

NRW will reduce its mowing activities in May as much as possible, but essential grass cutting will continue in some areas across Wales.

There are several reasons for this, for example:

to manage access to forests and nature reserves to make sure people are safe when they visit.
to easily inspect flood defences and repair them if needed, helping to reduce flood risk to communities.
for nature conservation, for example to manage an invasive species or to benefit species in a certain area by cutting the vegetation.

David Letellier, NRW’s Head of Operations South Wales Central, said: “We’re committed to tackling the climate and nature emergencies and helping nature and people thrive together.

“We will reduce our mowing activities in May as much as possible to support pollinators, but we want people to understand that we may carry out essential grass cutting to benefit certain communities or species.

“For example, we may continue mowing flood defences to make sure they are in good working order, or if mowing some sites in May would leave wildflowers to recover and bloom throughout the late summer to benefit certain pollinators.

“We need to act now to protect our pollinators. This is why we manage all of our sites to make them as pollinator friendly as possible and to provide food and shelter for other species.

“There are things we can all do to make it easier for pollinators to survive. These can be relatively simple, such as managing grass verges in a more sensitive way, or leaving wild areas around our offices, homes and public buildings.

“We can all help by making our gardens pollinator-friendly by not using pesticides, not mowing the lawn as often, and growing pollinator-friendly plants.”