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Crime

Calls to amend payout rules for wrongly convicted

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A PEMBROKESHIRE man who spent five years behind bars for a crime he did not commit has been denied compensation under what legal experts describe as an “inhumane” and “cruel” government policy.

Brian Buckle, who was exonerated of all charges in 2023 after a gruelling legal battle, has spoken of his devastation upon receiving a rejection letter from the Ministry of Justice. The letter acknowledged his innocence but stated that he had failed to prove “beyond a reasonable doubt” that he had not committed the crimes.

The decision has reignited fierce debate over the 2014 law change that places the burden of proof on victims of wrongful conviction, a policy unique to England and Wales. Critics argue that the system is designed to minimise payouts, leaving innocent individuals without financial support to rebuild their lives after years of wrongful imprisonment.

FIVE YEARS BEHIND BARS FOR A CRIME HE DID NOT COMMIT

Mr Buckle was imprisoned in 2017 after being convicted of sexual offences he always denied. His case was finally overturned after a five-year fight that saw his legal team present new witnesses and fresh forensic evidence during a three-week retrial. A jury took just over an hour to return a unanimous “not guilty” verdict.

But despite being completely exonerated, Mr Buckle has been denied compensation for his ordeal. The legal fees required to clear his name totalled nearly £500,000, a sum he was eligible to claim in compensation. However, his application was refused on the grounds that he had not met the “beyond reasonable doubt” standard of proof that he did not commit the crimes — despite the courts ruling that he was innocent.

“I just burst out crying when I read the letter,” said Mr Buckle. “What more do I need to do to prove I’m innocent? I’ve lost five years of my life, my job, my pension. People are absolutely gobsmacked when I tell them I’ve been refused compensation.”

A LAW DESIGNED TO DENY PAYOUTS?

The 2014 law change, introduced by the Conservative-Lib Dem coalition government, shifted the burden onto the wrongly convicted to prove their innocence beyond reasonable doubt. Critics say this effectively “reverses the presumption of innocence” and was introduced to limit government compensation payments.

Since 2016, 93% of applications for miscarriage of justice compensation have been rejected, according to government figures. Leading barrister Stephen Vullo KC, who represented Mr Buckle, has described the system as “almost impossibly high” and “designed to ensure money is not paid out.”

“It’s not by accident, it’s by design,” he said. “It sends a message that the state doesn’t accept responsibility when it gets things wrong.”

The injustice of the current system has been further exposed by the government’s handling of the Post Office Horizon scandal. Unlike individual miscarriage of justice cases, which have been largely ignored, thousands of wrongfully convicted sub-postmasters were awarded compensation only after overwhelming public pressure, following the ITV drama “Mr Bates vs The Post Office.”

“The government’s response is driven by fear of embarrassment,” said Mr Vullo. “The system should be fair so that everybody receives compensation, not just those whose cases attract media attention.”

Legal experts argue that England and Wales must follow Scotland, Northern Ireland, and most of Europe, where wrongful conviction compensation is awarded based on the miscarriage of justice itself, without requiring proof of innocence.

LOCAL MP FIGHTS FOR JUSTICE

MP Ben Lake is hosting a debate at Westminster in support of Brian (Image: Herald)

Mr Buckle’s case has caught the attention of Ceredigion MP Ben Lake, who has vowed to fight for a change in the law. He is hosting a debate in Westminster to highlight the injustices faced by victims of wrongful conviction.

“I was appalled when I heard Brian’s story,” said Mr Lake. “Miscarriages of justice have always happened and always will. But when the state makes a mistake and an innocent person spends years behind bars, it should ensure they are compensated for that injustice.”

Mr Lake is pushing for the law to be reversed and made retrospective so that people like Mr Buckle can claim the compensation they deserve.

A FAMILY DEVASTATED BY INJUSTICE

The years spent in prison have left Mr Buckle suffering from post-traumatic stress disorder (PTSD), and the emotional toll has extended to his family. His daughter Georgia has spoken openly about her own struggles, including suicidal thoughts during her father’s imprisonment.

“I’m definitely not the same person I was before,” said Mr Buckle. “I can’t keep a job because my head is all over the place. Every single night, all I dream about is being in prison or trying to get out.”

He believes an apology and compensation would be a step towards recognising the harm done to him.

“I will take what happened to me to the grave. Money won’t change how I am mentally, but it’s about the principle — the justice system admitting they got it wrong.”

With pressure mounting and a Law Commission review of the compensation system underway, there is growing hope that the law may be overturned. For Mr Buckle and others like him, that change cannot come soon enough.

Crime

Two men sentenced for vicious crimes against badgers.

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A JOINT investigation by Dyfed-Powys Police’s Rural Crime Team and the RSCPA sees two Ceredigion men prosecuted for their disturbing crimes against animals.

The two men were found to have shot a badger dead before dragging its lifeless body down a hill and throwing it into a nearby bog.

On the afternoon of Saturday 6 January 2024, the RSPCA was alerted to a concern about suspicious activity taking place on a grassy hillside in the Esgairdawe area of Carmarthenshire.

A member of the rural community, and key witness in the case, told the RSCPA how they had seen a group of individuals acting suspiciously around an active badger sett near to their home.

Taking a closer look using their camera (fitted with a telescopic lens), the witness observed the group digging into badger sett before seeing a man dragging a heavy animal down the hill and throwing it over a fence into a bog.

The witness also reported seeing another man carrying a terrier with blood on its legs in one arm, and a shotgun in the other.

The same day, RSCPA Inspector Keith Hogben attended to examine the site and was shown the photos taken by the witness. Inspector Hogben gathered evidence from the scene, including the dead body of a badger which was freshly wounded.

Dyfed-Powys Police’s Rural Crime Team was notified of the incident, and further examination of the deceased badger confirmed that the animal had been shot dead. This led officers to believe that the killing was in breach of the Badgers Act 1992, and a criminal investigation was launched.

Using the photographs taken by the initial witness, the two main suspects were identified, and plans were put into place to carry out simultaneous arrests during a day of action on Tuesday 9 April 2024.

During the pre-planned operation led by PC 610 Ashleigh Jones and the RSPCA, suspects Sion Davis and Gwynli Edwards were arrested at their homes on suspicion of causing unnecessary suffering to dogs, interfering with badger setts and being in possession of a dead badger.

Further property searches found a total of nine firearms, including a shotgun believed to have been used in the illegal killing of the badger. The quadbike seen by the witness was also located at one of the properties, along with items related to terrier hunting, including dog radio collars, T-bars, nets, and shovels.

Davis’s firearms were seized, his license revoked, and the pair were released under investigation.

Following a thorough joint investigation, Sion Davis was later charged with interfering with a badger sett, using a firearm to kill a badger, and wilfully killing a badger. He pleaded guilty to all three charges at Llanelli Magistrates Court on Thursday 27 March. Gwynli Edwards was also charged, and pleaded guilty to, interfering with a badger sett and possession of a dead badger when he appeared alongside Sion Davis at the court hearing in March.

On Wednesday 16 April 2025, both men were handed sixteen month suspended sentences, and Sion Davis was ordered to carry out 250 hours of unpaid community work. In addition, the pair were ordered to pay costs totalling £4,960.

DS 405 Paul Roberts of Dyfed-Powys Police’s Rural Crime Team said: “This result is a testament to the strength of partnership between Dyfed-Powys Police and the RSCPA. This case reinforces the message that we will do all we can under the all-Wales partnership for rural and wildlife crime, to protect vulnerable wildlife within our force are, and pursue those that intend to bring them harm.”

Echoing DS Roberts’s comments, PC 610 Ashleigh Jones of Dyfed-Powys Police’s Rural Crime Team said: “Today’s outcome shows that vicious and cruel behaviour against innocent and defenceless animals will simply not be tolerated. I want to commend the initial witness for their proactivity in contacting the RSCPA to report her concerns, which ultimately led to the two perpetrators facing justice for their crimes today.

“I’d also like to thank RSPCA Inspector Keith Hogben for the critical role he played in this investigation. His initial actions at the scene, and gathering of key evidence early on were instrumental in securing this prosecution.”

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Crime

Drunken fisherman caught with knife after takeaway incident

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A FISHERMAN who had been drinking swiped a kitchen knife from a town centre takeaway in Haverfordwest before getting into a confrontation outside a pub.

Swansea Crown Court heard that on the evening of September 28, Arturs Malkovs, aged 31, took a knife from inside Smash n Shake on Castle Square and tucked it into his waistband.

Malkovs, who had been staying in Milford Haven for work, was refused entry to Friars Vaults pub shortly afterwards.

Prosecutor Harry Dickens told the court that a scuffle then broke out outside the pub, during which the knife fell from Malkovs’ waistband and was kicked away by a bystander before being returned to the takeaway.

Malkovs walked away down Quay Street but was later arrested by police, who noted he was heavily intoxicated and in possession of 1.85 grams of cannabis.

During police interview, he admitted possessing cannabis but gave no comment to other questions. He was later fined £160 and ordered to pay £85 in costs for the drugs offence at Haverfordwest Magistrates’ Court on October 15.

At a subsequent hearing at Swansea Crown Court, Malkovs, of Mamore Crescent, Fort William, admitted possession of a knife in a public place.

The court heard that his only previous conviction was in 2023, for driving while disqualified and without insurance.

Defending, David Singh said Malkovs was remorseful and had taken responsibility by pleading guilty.

“He recognises alcohol was the root of the problem,” said Mr Singh. “His time in custody has had a positive effect—he has been alcohol-free since.”

Judge Huw Rees said the incident may have seemed immature but carried serious risks.

“You did something juvenile, but it had a serious aspect,” said the judge.

“The production of a knife in public is dangerous—it can escalate situations and provoke violence. Nobody is saying you can’t have a drink in Haverfordwest or Milford Haven, but it must be within the bounds of acceptable behaviour.”

Malkovs was sentenced to 19 weeks in custody, suspended for 12 months. He must complete 15 rehabilitation activity days and a 90-day alcohol abstinence monitoring programme.

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Crime

Warning over fake QR code scam at Tenby car park

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DRIVERS using Pembrokeshire County Council car parks are being warned about a QR code scam that has been reported across the UK – with Tenby’s multi-storey car park among the latest to be targeted.

Fraudsters are placing fake QR codes on parking machines and signage, which direct users to imitation websites that look like genuine payment platforms. A member of the public was nearly conned out of £59.99 after scanning one of the fake codes in Tenby.

Tenby’s Neighbourhood Policing Team said they have been “engaging with Pembrokeshire County Council parking staff regarding a recent incident of illegal QR codes placed on the pay and display areas in Tenby multi-storey car park.”

They urged the public not to scan QR codes when paying for parking, adding that Pembrokeshire County Council does not use QR codes for car park payments.

Instead, the council uses PayByPhone as an alternative to cash. Drivers are advised to download the official app from their phone’s app store and not follow any links from QR codes.

The council added that neither it nor its enforcement partner issue fines by text message.

Similar scams have been reported elsewhere in the UK and were previously described as a “cruel hoax” by Kensington and Chelsea Council.

Motorists are reminded that payments made via fake QR code websites may lead to larger sums being taken from their accounts, often without realising the money has gone to criminals.

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