News

Fire service’s High Court action against HM Coroner dismissed by judge

Published

3 years ago

September 12, 2023

THE TRAGIC events of 17th September 2019 have once more surfaced in the public domain following the dismissal of an application made by the Mid and West Wales Fire & Rescue Service by the High Court.

Joshua Gardener, a promising young firefighter from the Service, met with a tragic end that day.

A training exercise on the River Cleddau, involving two boats operated by the Fire & Rescue Service, resulted in a collision that claimed Joshua’s life.

In the aftermath of the accident, the Marine Accident Investigation Branch (MAIB) undertook a detailed investigation. This culminated in a report, dated 4th November 2020, outlining various conclusions about the incident, many of which were very critical of the Fire & Rescue Service.

The Marine Accident Investigation Branch (MAIB) explained that the fatal boating collision occurred due to ‘uncoordinated manoeuvres at speed within the same water area’. It was reported that neither of the boat helmsmen recognised the looming danger until it was too late.

Firefighter Josh Gardener suffered a fatal blow to the head from one of the boats involved. The MAIB emphasised that the tragedy could have been averted had there been someone in overall charge of the training exercise.

A significant observation made by the MAIB was that neither of the boat crews was maintaining an adequate lookout.

Chris Davies, Chief Fire Officer of Mid and West Wales Fire And Rescue Service, expressed deep condolences for the loss of Firefighter Gardener and acknowledged the findings of the MAIB report.

He added that, following their internal investigations, several of the report’s recommendations have been implemented by the service since the unfortunate incident of September 17, 2019.

Despite this, with an impending inquest into Joshua Gardener’s death by the HM Acting Senior Coroner for Pembrokeshire and Carmarthenshire, disagreements arose between the Fire & Rescue Service and MAIB regarding how the report and its findings should be presented and approached during the inquest.

The Coroner’s ruling of 28th October 2022 clarified that the findings of the MAIB report concerning the accident’s cause will serve as conclusive evidence in the inquest, meaning these findings would be indisputable. Interestingly, the Coroner’s Office was not present or represented in court as it chose not to actively participate in the proceedings.

Representing the MAIB’s interests were government lawyers, ensuring their stance was clearly presented and defended.

This dispute saw significant delays, with the inquest into Gardener’s death yet to commence even nearly four years post the tragic event. The delays, whilst procedural, have had a palpable impact on the grieving family of Joshua, leaving them in search of closure.

The Fire & Rescue Service subsequently sought a judicial review of the Coroner’s decision, based on seven grounds. This brought to light several pressing issues:

Report Presentation in Inquest: A significant contention revolved around how the MAIB report should be presented before the jury. The Fire & Rescue Service challenged that fairness requires them to question criticisms in the report and to give evidence in response.
Fresh Investigation Consideration: The Fire & Rescue Service claimed the Coroner misapplied the criteria to determine if a fresh investigation was necessary rather than relying on the MAIB report.
Misunderstanding of Applicable Law: The Fire & Rescue Service alleges that the Coroner misunderstood regulatory standards, leading to a flawed perspective on the MAIB’s investigation and report.
Engagement with Submissions: The Fire & Rescue Service believed the Coroner misunderstood its submissions and failed to engage with them adequately in the Ruling. This, they argued, resulted in an incomplete and potentially skewed analysis of their challenge.

Mr Justice Eyre, after a comprehensive review of the presented facts and arguments, dismissed the application brought forth by the Mid and West Wales Fire & Rescue Service in July 2023. The judge’s decision was rooted in procedural rigour, clarity over jurisdictional matters, and understanding the scope and purpose of the inquest.

As Pembrokeshire watches on, this case serves as a sombre reminder of the tragic events of 2019, and the ongoing journey to justice and closure for the family of Joshua Gardener as they await the final inquest nearly four years later.

Crime

Dock woman given mental health treatment order after supermarket thefts

Published

25 minutes ago

June 24, 2026

Sarah Jane Absalom

A PEMBROKE DOCK woman has been placed on a mental health treatment requirement after repeatedly stealing meat, cheese and other grocery items from local supermarkets.

Lisa Stewart, 45, admitted three theft offences when she appeared before Haverfordwest Magistrates’ Court this week.

The first offence took place on March 11, when Stewart stole Vanish, Lenor and three packs of Persil capsules from Home Bargains in Pembroke Dock, with a total value of £58.41.

The following month, she stole four small beef joints, four steaks and three blocks of cheese from Asda in Pembroke Dock, worth £55.68.

Seven days later, she stole four legs of lamb from Farmfoods in Pembroke Dock, valued at £99.96.

Stewart, of Truscott House, London Road, Pembroke Dock, also pleaded guilty to failing to surrender to police bail on or around May 26.

She was represented in court by solicitor Alaw Harries, who told magistrates the thefts involved items of relatively low value and were not the result of “sophisticated offending”.

“The defendant has had an exceptionally difficult time, as last year she lost her partner to cancer and has struggled profoundly to process that grief,” said Ms Harries.

“Instead, she has attempted to cope by taking more of her prescribed medication than she should. And this is what has led her to be here today.”

Ms Harries said Stewart is now motivated to address her issues.

Magistrates sentenced Stewart to an 18-month community order. She must complete 15 rehabilitation activity requirement days, a 12-month mental health treatment requirement and a 12-month drug rehabilitation requirement.

The order will include monthly reviews in court.

Stewart must also pay £214.05 compensation to the supermarkets, together with a £114 surcharge and £85 costs.

Crime

Grandmother banned after cocaine drug-drive offence

Published

27 minutes ago

June 24, 2026

Sarah Jane Absalom

A GRANDMOTHER has been banned from the roads after being caught behind the wheel with 800 mcg of a cocaine metabolite in her system.

Eleri Phillips, 57, was stopped by police in the early hours of December 18 as she drove her Audi Q5 along Derwent Avenue, Steynton.

A roadside drugs swipe proved positive, and further blood tests carried out at the police station showed she had 45 mcg of cocaine in her system and 800 mcg of benzoylecgonine, a cocaine metabolite.

The legal limits are 10 mcg and 50 mcg respectively.

Phillips, of Brook Close, Steynton, Milford Haven, pleaded guilty to two drug-driving charges when she appeared before Haverfordwest magistrates. She was legally represented by solicitor Michael Kelleher.

“She is absolutely ashamed of what has happened,” Mr Kelleher told the court.

“She had been out with friends that evening and someone offered her cocaine. Very foolishly, she took it.

“As a result, she is now going to be disqualified from driving, which is going to cause problems not only for her but for her family, as she regularly helps look after her grandchildren with general pick-ups from school.”

Phillips was disqualified from driving for 12 months and fined £120. She must also pay £85 court costs and a £48 surcharge.

Crime

Milford Haven builder banned for second drug-driving offence

Published

42 minutes ago

June 24, 2026

Sarah Jane Absalom

Court hears cannabis reading was five times the legal limit

A SELF-EMPLOYED builder has been banned from the road after committing his second drug-driving offence in ten years.

Robert Duncan, 44, was stopped by police at around 6:00pm on January 31 as he drove a Ford Focus along Steynton Road, Milford Haven.

Haverfordwest Magistrates’ Court heard this week that officers had been observing the vehicle before requesting it to stop.

Duncan provided a positive roadside drugs wipe, and later blood tests showed he had 10mcg of Delta-9 tetrahydrocannabinol in his system. The legal limit is 2mcg.

Crown Prosecutor Sian Vaughan told magistrates that this was Duncan’s second drug-driving offence within ten years.

Duncan, of Meyler Crescent, Milford Haven, pleaded guilty to drug-driving.

He was represented by solicitor Michael Kelleher, who said Duncan had believed the drug would have left his system by the time he got behind the wheel.

“He believed the drug would have been out of his system when he was driving, but it can take a considerable length of time to go,” said Mr Kelleher.

“In fact, this is the drug that takes the longest amount of time.”

Mr Kelleher said Duncan worked as a self-employed builder, but was currently unable to work large amounts of time because of family commitments.

Magistrates disqualified Duncan from driving for three years. He was also fined £80 and ordered to pay £85 court costs and a £32 surcharge.