News

Rapist councillor to appeal child sex conviction

Published

7 years ago

July 25, 2018

THE FORMER Mayor of Pembroke and convicted child rapist Dai Boswell is to appeal his conviction of historic child sex offences.

The Herald has been told by Pembrokeshire County Council that Boswell lodged an appeal against conviction and sentence last week.

The St Mary North representative’s conviction had led to calls on social media for him to be somehow ‘sacked’ as a councillor.

However, due to a 46-year-old piece of legislation, Boswell is still able to receive his allowance as a member of the County Council and there is nothing the Council can do to stop it.

The fact that the former Mayor of Pembroke, who has been convicted of a string of historical sex offences is able to continue to receive his allowance has caused understandable outrage. However, PCC are powerless to remove him as a councillor due to the terms of the Local Government Act 1972.

The power to amend the legislation and change the criteria for when a councillor may and may not remain in post is under the control of the Welsh Government, and amending the law would require specific legislation to the Welsh Assembly, which is now in recess.

The law currently means that steps to disqualify a councillor can only be taken if they fail to appeal to the conviction within 28 days of sentence being passed upon them – in Boswell’s case that no longer applies.

As he is appealing his conviction, Boswell cannot now be disqualified under the provisions of the relevant part of the Act covering disqualification until the conclusion of the appeal process and only then if his conviction is upheld.

To heap further misery upon the Council – which is copping an extraordinary amount of criticism – there is nothing it can do to either short-circuit that process or to take steps that would amount to going behind it by suspending the paedophile councillor until the end of his appeal.

When we asked the County Council to explain the position for our readers, a spokesperson told us: ”Pembrokeshire County Council is aware that there is some speculation around the position of Councillor David (Dai) Boswell following sentencing on 13 July for extremely serious sexual offences against two children.

“Unless the Councillor resigns from his position, the Council can only disqualify a Member if, since election, he has been convicted of an offence and has been sentenced to imprisonment for a period of not less than three months.

“Conviction is deemed to occur on expiry of the period allowed for making an appeal or application with respect to the conviction (the defence has 28 days in which to serve an appeal notice following conviction), or the date on which such appeal/application is finally disposed of. Councillor Boswell submitted a notice of appeal against all convictions and sentence on 16 July.

”Councillor Boswell retains his seat and is currently entitled to receive a salary. The Council cannot declare a vacancy until the appeal process is completed or, if the date is sooner, the date six months from which he has failed to attend a meeting of the Council, that date being 23 October 2018.”

In short, due to the way the Local Government Act was drafted almost half a century ago, a ‘conviction’ does not become what might be deemed ‘a final conviction’ until after a failed appeal and Boswell remains a councillor until that point and entitled to his remuneration as such.

However, a possibility remains open for the Council to pursue in order to rid itself of Boswell in a few months’ time.Under the law, if a councillor fails to attend a meeting for a period of six months, they can be removed and a by-election called.

Child-rapist Boswell last attended a meeting of the Council on April 23.The period of six months for disqualification runs forward from that date and continues to run at the same time as any period following conviction, sentence, and/or appeal. It is highly unlikely that any Judge would even consider an application to set aside any decision by the Council to remove Boswell from his Pembroke St Mary’s seat after the six month period had elapsed, unless further assurances had been given to Boswell by Council officers in relation to the rule’s operation upon him before St George’s Day or afterwards.

We asked the NSPCC whether they were actively lobbying for a change in the law to prevent such a scandal occurring again.

An NSPCC spokesperson said: “Boswell was convicted of appalling sex offences against children and it is right that he now faces many years behind bars where he cannot harm others.

“It is wrong that someone convicted of sexual crimes against children can continue to serve as an elected official for any period of time and we support a change to the law to ensure situations like this are not repeated.”

The key point is that it is a change in the law which is required, not unilateral and unlawful action by the Council, however well-intentioned.Moreover, the WLGA developed the same point in its press statement on the Boswell case.

After pointing out the extreme rarity of cases such as Boswell’s, a WLGA spokesperson said: “The issue in question is a legal anomaly in the current framework that needs to be urgently addressed. A guilty verdict does mean an automatic disqualification, following a 28-day window for a possible appeal.

“This is where the problem is located and needs urgent review, especially as this deplorable offence is a fundamental breach of the statutory duty that councillors have to ensure that all children within local authority areas are safeguarded and protected.”

Meanwhile, councillors will be ruing the advice tendered to Boswell by Monitoring Officer Claire Jones last year – namely, that he did not have to attend council meetings as seminars would do – that issue now is more to do with the confidence they can have in the Monitoring Officer.The Herald has spoken to a number of councillors, all of whom are less than impressed by the position into which the Monitoring Officer’s advice to Boswell has placed them, with one suggesting it would be hard for Ms Jones to regain members’ trust in the validity of her judgements in light of the mess.

Those feelings are intensified by the fact that had Boswell applied for a leave of absence under the rules, as a person innocent until proven guilty it would have been bound to have been granted. It is possible that in seeking to avoid one unpopular decision, a ‘solution’ was reached which has now come back to bite those officers involved in the original decision. A decision upon which no councillors were consulted.

That confidence will have been further eroded by the extraordinary debacle that saw members of the Council’s staff scuttling around County Hall to find records and a dramatic reinterpretation of the status of a sandwich lunch attended by Boswell in November 2017 before James Goudie QC was able to support the Monitoring Officer’s peculiar interpretation of the rules and regulations.

News

Welsh Government outlines new rights for homeowners facing estate management charges

Published

5 minutes ago

December 18, 2025

Tom Sinclair

HOMEOWNERS living on privately managed estates in Wales are set to gain new legal protections under changes being introduced as part of the Leasehold and Freehold Reform Act 2024, the Welsh Government has said.

In a written statement published on Thursday (Dec 18), the Cabinet Secretary for Housing and Local Government, Jayne Bryant MS, provided an update on how the legislation will be implemented in Wales, with a particular focus on estate management charges paid by freehold homeowners.

Until now, homeowners on privately managed estates have often faced unclear or high bills for maintenance and services, with limited ability to obtain information or challenge costs. Once fully implemented, Part 5 of the Act is intended to address those concerns.

New powers for homeowners

Under the reforms, homeowners will be given the right to challenge the reasonableness of estate management charges for the first time. Estate managers will also be required to provide clearer information about the services being paid for through those charges.

In cases where estate management has failed, homeowners will be able to apply to a tribunal for a substitute manager to be appointed. The Act will also require estate managers to publish details of any administration charges in advance, where payment is expected.

Jayne Bryant said the changes would bring “significant new rights and protections” for homeowners affected by estate management fees.

Welsh and UK consultations

Responsibility for introducing the necessary secondary legislation is shared between the Welsh and UK Governments. While many of the powers rest with UK Ministers, Welsh Ministers are responsible for rules relating to the publication of administration charges in Wales.

The Welsh Government has confirmed it is working alongside UK counterparts to ensure both consultations are launched at the same time, allowing homeowners and stakeholders to consider the full set of proposals together.

Homeowners are being encouraged to respond to both the Welsh Government consultation on administration charges and the UK Government consultation on the wider estate management regime.

The consultations are now open and form part of the process to bring the new protections into force.

News

Flood warnings issued across Wales as heavy rain raises river levels

Published

27 minutes ago

December 18, 2025

Tom Sinclair

FLOOD warnings and alerts have been issued across large parts of Wales as persistent heavy rain causes river levels to rise, with parts of the country facing an increased risk of flooding on Thursday (Dec 18).

Natural Resources Wales (NRW) has confirmed that four flood warnings are currently in place, meaning immediate action is required, while a further 16 flood alerts have been issued where flooding is possible.

A yellow weather warning for rain has been issued by the Met Office, covering much of Wales from 10:00am on Thursday until 7:00pm, with disruption expected in some areas.

NRW said the warnings follow prolonged wet weather, with further heavy rainfall forecast to move across the country during the day.

The Met Office said: “An area of heavy rain will move northeast across the warning area during Thursday morning and afternoon before clearing to the east through the evening.

“Given recent very wet weather, there is potential for some disruption to travel and possible flooding.

“Much of the warning area will see 15–25mm of rain but some places could see 40–50mm, with the highest totals falling over high ground of south Wales.”

Forecasters have also warned that strong winds could worsen conditions, particularly along the coast.

“There is a chance of 60–70mph gusts along the exposed south coast, and perhaps 40–50mph some way inland,” the Met Office added.

Flood warnings in force

NRW has confirmed flood warnings are currently active at the following locations:

River Towy at Carmarthen Quay, Carmarthen
River Ritec at Tenby
River Towy affecting isolated properties between Llandeilo and Abergwili
River Rhyd Hir at Riverside Terrace, Pwllheli

Residents in these areas are being urged to take immediate action to protect property and personal safety.

Flood alerts issued

In addition, flood alerts — meaning flooding is possible — have been issued for the Lower Severn catchment in Powys, along with other areas shown on NRW’s live flood monitoring maps.

NRW is advising people to remain vigilant, avoid flooded roads and footpaths, and keep up to date with the latest forecasts and warnings.

The Herald understands that river levels will continue to be closely monitored throughout the day as rainfall moves through Wales.

Members of the public can check the latest flood warnings and alerts on the Natural Resources Wales website or by signing up for flood alerts direct to their phone.

Flood alerts and warnings across Wales on Thursday (Pic: NRW).

Crime

Jury discharged after failing to reach verdict in historic abuse trial

Published

1 hour ago

December 18, 2025

Rieve Nesbitt-Marr

CPS have a week do decide if they wish to pursue a re-trial, judge confirms

THE JURY has been discharged in the trial of a Milford Haven man accused of historic child sex offences after telling the court it was unable to reach a verdict, even by majority.

Thomas Kirk, aged 50, of Meyler Crescent, Milford Haven, is charged with the oral rape and sexual assault of a child, with the offences alleged to have taken place in Pembrokeshire between 2007 and 2009, when the complainant was aged between thirteen and fifteen. He denies the charges.

On Thursday (Dec 18), the jury returned to Swansea Crown Court and was asked whether it had reached a verdict on either count upon which at least ten jurors were agreed.

The foreman replied: “No.”

Judge Paul Thomas KC then asked whether there was any realistic likelihood that further deliberations would lead to a verdict being reached.

The foreman replied: “No, your honour.”

Judge Thomas KC said that in those circumstances he would discharge the jury and give the prosecution seven days to decide whether it would seek a retrial.

Addressing the jurors, the judge said they should not think they had failed or let anyone down.

“These things happen,” he said. “It’s one of the strengths of the jury system that people hold different views.”

He thanked the jury for their service and wished them a Merry Christmas and Happy New Year.

The court heard that the prosecution will now consider its position, with a further hearing expected next week to determine whether a retrial will take place.