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Crime

Crown court judge orders unusual no-insurance case back to magistrates

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A ROUTINE no-insurance conviction against a pensioner has developed into an unusually complex legal battle, after Swansea Crown Court ruled that magistrates must take another look at whether a guilty plea entered two years ago was in fact valid.

The case concerns Niall Taylor, 75, of Haven Drive, Milford Haven, who was convicted at Haverfordwest Magistrates’ Court in September 2023 of driving without insurance and driving otherwise than in accordance with a licence.

At Thursday’s hearing (Oct 2) before Her Honour Judge Catherine Richards, Mr Taylor, representing himself, told the court he had pleaded guilty in 2023 only because he did not have his insurance documents with him. He said he had been assured in open court that if he later found the paperwork he could return under section 142 of the Magistrates’ Courts Act 1980 to have the case reopened.

Judge Richards explained that normally the Crown Court cannot hear an appeal after a guilty plea. “The main purpose of today’s hearing is to find out if Mr Taylor’s plea in the Magistrates’ Court in 2023 was equivocal,” she said. “The Crown Court has no power to allow an appeal after a guilty plea was made by a defendant, but there are special circumstances in which this can be done.”

Mr Taylor then entered the witness box and was sworn. In his evidence he said that at the time of his original hearing in September 2023 he was advised to plead guilty as he did not have his insurance documents with him, but he was assured by the magistrates that he could later return to court under section 142 if he found them. He explained that, although he later attempted to have the case reopened, those attempts were unsuccessful, leading to his appeal now being considered at Swansea Crown Court.

The judge invited the Crown Prosecution Service to make observations, but they declined. Judge Richards then announced that the case would be sent back to the magistrates’ court.

“This is no criticism of the magistrates in Llanelli who refused to reopen the case, nor is it an indication as to my view of Mr Taylor’s prospects of success,” she said.

The judge referred to correspondence from the insurance company suggesting that an expired driving licence would invalidate cover, but also noted that Mr Taylor’s argument rested on policy wording that extends cover to those who “have held and are not disqualified from holding” a licence. “These are obviously complex legal issues,” she said, directing the CPS to research the point before the next hearing.

The matter will now return to Haverfordwest Magistrates’ Court on Tuesday, October 14, at 11:00am.

This case is considered unusual for several reasons. Mr Taylor’s guilty plea in 2023 was not straightforward — he pleaded guilty only on the understanding that he could return if he later found his insurance paperwork. Such pleas are rare and create a procedural grey area. The question of whether failing to renew a driving licence is enough to invalidate insurance cover is also legally uncertain, particularly when policy wording refers to drivers who “have held” a licence and are not disqualified.

It is unusual for the Crown Court to intervene in this way, sending a case back to magistrates for reconsideration and instructing the CPS to research the law. The fact that Mr Taylor is representing himself against such complex arguments added to the judge’s decision to ensure the matter is properly tested.

Legal commentators suggest this could now develop into a landmark case on whether older drivers — particularly those who forget to renew their licence at the age of 70 — automatically lose their insurance cover, or whether policy wording protects them where they still hold the entitlement to drive.

Crime

Rural cannabis factory exposed after five-year operation in Carmarthenshire

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Family-run drugs enterprise brought in millions before police raid during lockdown

A FAMILY who relocated from England to a remote Carmarthenshire farm ran a highly organised cannabis production operation worth millions of pounds before it was uncovered by police.

Edward McCann, aged 66, his wife Linda, aged 63, and their son Daniel, aged 41, were jailed after admitting their roles in what prosecutors described as one of the most sophisticated cannabis factories ever uncovered in Wales.

The court heard that the McCann family made over £3.5m over five years

The operation was based at Blaenllain Farm, near Whitland, where the family had moved from Portsmouth. Although the property appeared to be an ordinary agricultural holding, locals became suspicious after extensive security fencing, CCTV systems and a lack of any livestock raised questions.

Police eventually raided the site during the Covid lockdown in October 2020, discovering a large-scale drugs factory operating from a converted barn.

Inside, officers found six purpose-built growing rooms containing cannabis plants at different stages of development. Upstairs areas were being used to dry harvested plants, while ovens were used to process cannabis resin and manufacture cannabis-infused products, including chocolate bars.

Investigators later estimated that the operation had generated around £3.5 million over a five-year period.

Two men had also been recruited to help maintain the crop. Justin Liles, aged 22, from St Clears, and Jack Whittock, aged 30, from Narberth, were found working on the site at the time of the raid and were later jailed for their involvement.

Jack Whittock and Justin Liles were two worked in the cannabis factory

Edward McCann was arrested at the farmhouse, while Daniel McCann — who owned the property but was living in Hampshire — was later arrested in Portsmouth in February 2021.

During sentencing at Swansea Crown Court, the judge rejected Edward McCann’s earlier claim that the cannabis was largely for personal medical use following a leukaemia diagnosis. The court heard that electricity had been illegally drawn from the National Grid to power high-intensity lighting and ventilation systems required for large-scale cultivation.

Judge Geraint Walters said the operation had been so extensive that it was unlikely to escape notice indefinitely, noting that the unusual security measures and lack of farming activity would have drawn attention in an agricultural area.

The cannabis plants seized during the raid were valued at up to £460,000, with finished products weighing around 80 kilograms and worth as much as £1.5 million.

Edward McCann was sentenced to seven years and seven months in prison, Daniel McCann received eight and a half years, and Linda McCann was jailed for six years and seven months. Liles was sentenced to 22 months, while Whittock received two years and ten months.

At a Proceeds of Crime Act hearing, the court heard that Edward McCann had personally benefited by almost £1.8 million. He was ordered to repay £340,000 within three months or face an additional four years in prison. Daniel McCann was given the same repayment order and penalty.

Linda McCann, said to have profited by £1.45 million, was ordered to repay £335,000 or face a further three years behind bars.

The court was told that failure to pay would not cancel the financial obligations, even if additional prison sentences were served. Further hearings are continuing to determine confiscation orders for the two hired workers.

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Crime

Tenby pub encounter led to lockdown rape, court hears

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A London visitor carried out a serious sexual attack during a family holiday in Pembrokeshire

A LONDON man who raped a woman in a Tenby alleyway during the Covid lockdown period has been jailed for eight and a half years.

Nicholas Mitchell, aged 60, had travelled to the seaside town from Bromley with his daughters in May 2021, as pandemic restrictions were beginning to ease. While out drinking, he struck up a conversation with a woman in a local pub.

Later that night, the court heard, Mitchell followed her into a narrow alleyway, where he subjected her to a serious sexual assault before raping her. He then left the area, abandoning the woman in a state of shock and distress.

Police were alerted and an investigation led to Mitchell’s arrest. He denied any wrongdoing, but a jury convicted him in November of two counts of rape and one count of assault by penetration.

During sentencing at Swansea Crown Court, prosecutor Ian Wright read a victim impact statement in which the woman described the profound effect the attack had on her life. She said she became withdrawn and struggled to leave her home, describing feelings of loneliness, numbness and depression. She told the court the incident had left lasting damage and prevented her from moving forward.

Mitchell was represented by defence barrister James Hartson, who said his client continued to protest his innocence but understood the court was bound by the jury’s findings. He said character references portrayed Mitchell as supportive and hard-working, and argued the offending was entirely out of character.

The defence also drew attention to a delay of more than three years between Mitchell’s arrest and formal charging, describing it as deeply unsatisfactory for all involved.

Sentencing, Judge Huw Rees rejected any suggestion the offending was momentary or accidental. He said Mitchell had deliberately targeted the victim and carried out a violent and degrading attack before walking away without concern for her welfare.

Addressing the defendant, the judge said alcohol was no excuse, describing the assault as driven by sexual entitlement and calling Mitchell’s actions wicked.

Mitchell will serve two-thirds of his sentence in custody before being released on licence. He will remain on the sex offenders’ register for life.

The court was told Mitchell has a previous conviction for assaulting a police officer in October 2020, following an incident linked to a domestic dispute with his estranged wife.

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Crime

Ex-Scout leader jailed over historic sexual abuse of two children

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Abuse carried out in Pembrokeshire and Newport between 1997 and 2002

A MAN who abused two children while working as a Scout leader has been sentenced to prison for historic sexual offences carried out in Pembrokeshire and east Wales.

Paul Skilton, 68, of Llangwm, was convicted at Newport Crown Court of five sexual offences following a jury trial. The offences included two counts of indecency with a child and three counts of indecent assault.

The court heard that the abuse took place between 1997 and 2002, when Skilton was aged in his forties. Two children were targeted, with incidents occurring at locations in Pembrokeshire and in Newport, Gwent.

The prosecution said Skilton forced a young girl to touch his penis and then pressed himself against her. In a separate incident involving a boy, he reached inside the child’s clothing and touched his buttocks.

Prosecutor Nick Gedge read statements from both victims. The female victim said the abuse had damaged her ability to trust men. The male victim described long-term harm to his mental health and said the abuse had affected the course of his life.

Defending, Ruth Smith told the court that mitigation was limited because Skilton continued to deny the offences despite the jury’s verdict. She said he had no previous convictions and had otherwise led a law-abiding life.

Ms Smith also said Skilton had been actively involved in Scouting for many years and that no earlier allegations had been made against him. She added that his poor physical health would make custody particularly difficult.

Recorder Paul Hartley-Davies said sentencing was constrained by the law in force at the time the offences were committed.

Skilton was sentenced to a total of four years and six months in prison.

He was ordered to sign the sex offenders register and made subject to a Sexual Harm Prevention Order for ten years. Both victims were granted restraining orders preventing any contact.

Skilton was acquitted of six further charges relating to similar allegations.

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