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Compensation after life-changing injuries

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Popular Milford venue: Circles Nightclub (Now The Basement)

Popular Milford venue: Circles Nightclub (Now The Basement)

MARK TIERNEY has been awarded what he and lawyers see as fair compensation eight years on from a near-lethal assault, which left him severely brain damaged.

On the evening of December 2 2007 Mark Tierney was in Circles Nightclub, Milford Haven, and later that night he was involved in an incident with Christopher John Freeman, formerly from the town, who was said to have assaulted him using a vodka bottle, which caused the lifechanging injuries.

During court proceedings which followed, Freeman denied that he had used the bottle as a weapon and also pleaded not guilty to charges of attempted murder, grievous bodily harm with intent and causing GBH without intending to do so. However, he admitted to having offered the Circles nightclub manager £5,000 to delete video recordings of him coming and going from the premises.

THE EVIDENCE

Freeman claimed that the attack had taken place while he was walking home to his flat in the centre of the town, and said that he was first attacked by Mr Tierney, a point that was greatly contested by the prosecution.

The manager of Circles, Chris Thomas, told the court that, after the attack, a bouncer followed Freeman into the gents, where he saw two men with mobile phones in a cubicle and overheard a man saying that he needed to leave Wales that night as he thought he had killed Tierney.

The other man who was in the stall with Freeman, Mr Julian Walker, was also in court being accused of arranging for Freeman’s clothes to be washed in order to remove any forensic evidence. He denied a charge of undertaking an act tending to pervert the course of justice.

The prosecution said that, although Walker was not involved in the attack, he knew that Freeman had unlawfully assaulted someone.

During the attack Tierney sustained a severe, traumatic brain injury which means that he requires lifelong care.

Represented by law firm Hugh James, Mark was involved in an arduous eight year battle before he was finally awarded compensation for the ‘serious nature’ of his injuries and significant loss of earnings.

Mark Tierney, was formerly a pipe fitter from Barry, and had been working in Milford Haven. He was out socialising with friends and colleagues before the brutal assault took place during the early hours of the morning.

NO RECOLLECTION

The injuries Mark sustained were ‘so severe’ that he has no recollection of the incident.

He was found lying unconscious on his back by a passer-by in the street after the incident.

After being rushed to hospital he was treated at the Intensive Care Unit at Withybush Hospital for two weeks, and remained in a coma for a further four.

His level of consciousness was recorded as being 3/15 on the Glasgow coma scale (indicating deep unconsciousness) and CT scans revealed a left side scalp haematoma, nasal fracture and swelling of the brain.

Since then, Mark has suffered ongoing cognitive problems, intellectual deficit, behavioural problems, poor balance, speech and language difficulties.

As a result, his 25 year relationship with his partner completely broke down; he is unable to return to work and now requires care and support, which is provided by his three daughters.

Speaking about the incident, Mark said: “The attack has had a huge effect on my family. My youngest daughter, who was only ten years old at the time of the assault, was really affected by what happened to me and then also had to deal with the break-up of my marriage to her mum.

“On a personal level the attack has completely changed how I live my life. Before the attack I was very active, not only in my job but I regularly enjoyed having a kick around playing football which I will never be able to do again. Financially the attack has affected the whole family as I am no longer able to work and support my family.”

CARDIFF LAW FIRM

In 2008, Cardiff-based law firm Hugh James were appointed to represent Mark and his lawyers immediately made an application to the Criminal Injuries Compensation Authority (CICA). In 2010 Hugh James challenged the CICA when they stated that Mark was not eligible to receive an award on the basis that they considered that he had provoked the assault.

However after his lawyers obtained evidence to challenge this, Mark was deemed eligible to receive an award in principle. Hugh James also obtained two interim payments to ease the financial stress on Mark and his family whilst the case was ongoing.

INITIAL OFFER REJECTED

Screen Shot 2016-04-28 at 12.19.48In 2014, the CICA made a monetary offer to settle the claim but due to the seriousness of his injuries and lifelong loss of earnings, specialist solicitors Hugh James advised Mark to reject the offer on the basis that his claim was worth significantly more.

Cari Sowden-Taylor, a Senior Associate from Hugh James’ Neurolaw team, explained: “Having pursued many CICA brain injury cases and assessing the true value of the claim we were able to advise Mark that we felt that the first offer from the CICA was low in light of the injuries he’d sustained and the financial losses he’d incurred as was likely to incur in the future.

“We therefore advised Mark to request a review of the decision but the CICA remained of the opinion that their offer was reasonable.

“Comprehensive evidence was therefore obtained and submitted to CICA in accordance with the appeal process and the matter was then referred to an independent tribunal panel who agreed with our arguments and as a result Mark was awarded nearly three times the amount that CICA offered him.

“We are delighted with the outcome for Mark and his family and feel that they have finally received some justice since the assault eight years ago.”

CRIMINAL CASE

Christopher Freeman, 37 at the time in May 2008, was cleared of more serious, alternative charges of attempted murder and inflicting GBH with intent.

Freeman, who had previous convictions for violence, was jailed for five years, of which he must serve a minimum of three and a half years behind bars.

The jury at Swansea Crown Court cleared fellow LNG worker Julian Walker, 36, of Rectory Avenue, Hakin, of doing an act tending to pervert the course of justice.

He was accused of arranging for Freeman’s clothes to be washed in order to remove any forensic evidence, knowing that Freeman had assaulted someone.

A third man, Peter Harll, 21, of St Ann’s Road, Milford Haven, had already pleaded guilty to carrying out an act tending to pervert the course of justice by washing Freeman’s clothes. He was jailed for eight months.

For legal reasons the amount of the compensation settlement cannot be revealed.

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Community

Storm Éowyn upgraded to ‘danger to life’ amber warning for Wales

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THE MET OFFICE has upgraded its weather alert for Storm Éowyn to an amber warning, signifying a “danger to life” as strong winds and heavy rain approach Wales and other parts of the UK. The warning is in effect from 6:00am to 9:00pm on Friday, covering northern Wales, Northern Ireland, northern England, and southern Scotland.

Strong winds and widespread disruption

The amber alert warns of winds reaching 60-70 mph inland and up to 90 mph in exposed coastal areas and high ground. The Met Office advises that flying debris poses a risk to life, while power cuts, travel disruption, and property damage are highly likely.

Road, rail, air, and ferry services are expected to face delays and cancellations. Homes and businesses may also sustain structural damage as the storm progresses.

Areas in Wales under amber warning:

  • Conwy
  • Denbighshire
  • Flintshire
  • Gwynedd
  • Isle of Anglesey

Alongside the amber alert, two yellow warnings for wind cover all of Wales on Friday, lasting from midnight Thursday to midnight Friday. A separate yellow warning for rain is also in effect from midnight to 9:00am on Friday, predicting 15-25 mm of rain across much of Wales and 40-60 mm in higher elevations. The heavy rainfall may lead to surface water flooding in some areas.

A Met Office spokesperson said: “Storm Éowyn will move across the northwest of the UK on Friday, clearing northeast by Friday night. This will bring a spell of very strong west to southwesterly winds, with a brief reduction in wind strength as the storm’s centre passes over certain areas. Winds will then increase rapidly before gradually easing later on Friday.”

Residents are urged to secure loose outdoor items, avoid unnecessary travel, and monitor updates as the storm approaches.

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Crime

Only 3% of sexual offences reported to Dyfed-Powys Police result in a charge

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MORE than 1,600 rape and sexual offences have been reported to Dyfed-Powys Police in the last year, but just three per cent resulted in a charge or summons. 

New data obtained by Sexual Abuse Compensation Advice (SACA) has revealed that between September 2023 and 2024, a total of 1,686 offences were reported to the force but just 47 resulted in a charge or summons.

Sexual Abuse Claims Specialist, Ellie Lamey says it is “staggeringly low” and “it is important victims know that support is available.”

In the last year, there were 1,141 sexual offences reported to Dyfed-Powys Police as well as further 545 rapes. 

Of those, just 47 resulted in a charge with 552 offences still under investigation. 

According to the force, the majority of rape and sexual offence victims and alleged perpetrators were between the ages of 0-17.

Sexual Abuse Compensation Advice also obtained new data from the Criminal Injuries Compensation Authority (CICA) – which is a government-backed organisation that can offer compensation to victims of sexual abuse.

In the last year, the CICA received 13,313 applications from alleged victims of sexual assault or abuse. 

Of those, 1,763 received compensation – that’s just 13 per cent. 

CICA Specialist at SACA, Ellie Lamey said: “The number of sexual assault/abuse victims who have applied for CIC is staggeringly low compared to the number of offences being reported to police forces across the UK.”

This, along with mammoth delays in the court system and the early release of prisoners is, of course, hugely concerning for victims. 

SACA’s investigation revealed the main reasons why victims are rejected by the CICA. They include: the incident was not a ‘crime of violence’, the application was made outside the relevant time limit, failure to co-operate with bringing the assailant to justice and failure to co-operate with the CICA.

In the last year, the organisation paid out compensation totalling £18,463,509.85 to victims of sexual abuse.

Specialist Ellie Lamey added: “It is so important that victims know there is support available for them and not to be deterred or fearful of rejection.

“Victims should be aware that they can report historical periods of abuse/assaults to the police, regardless of the amount of time that has passed. 

“Victims can avoid rejections by ensuring they fully cooperate with the police in bringing the assailant to justice as well as seeking appropriate medical attention regarding any physical or psychological injuries sustained from the assault they are a victim of.

“CICA data from 2020-2022 shows that 18 per cent of applications are submitted outside of the two-year time limit, and of these 61 per cent went on to receive an award. 

“With relevant evidence, we can provide exceptional circumstances that have contributed to the delay in a victim submitting an application.”

Dyfed-Powys Police responded to the data saying that it had the second highest conviction rate for rape offences in England and Wales at 72.7% in the year to date.

However, the force said it recognises that there is still a lot more to do to ensure that all victims-survivors get the justice they deserve.

One of the force’s priorities is to provide a compassionate response to victims of rape and serious sexual assault and the relentless pursuit of offenders

The force joined Operation Sorteria Bluestone in 2022, the aim of which was to transform the policing response to rape and serious sexual offences (RASSO).

A spokesperson said: “We are committed to supporting victims-survivors of rape and sexual assault and all detectives are fully trained in the College of Policing Rape and Serious Sexual Offences Investigative Skills Development Programme (RISDP).

“We’ve revolutionised our response to rape victims-survivors by providing an option of speaking to an officer via video call utilising specialist software. This has enabled victims-survivors to have access to specialist support in an environment which is comfortable for them.

“Rape and sexual offences investigations can be complex and due to their very nature can take longer than 12 months to investigate thoroughly.

“The Government’s review also acknowledged that not all victims-survivors who report incidents to the police want to proceed with a criminal justice outcome. 

“As such, measuring charge rates within a 12-month period against the volume of crime reported can be sometimes misleading.”

The police spokesperson added: “We would urge anyone who has been a victim-survivor of a sexual offence to please come forward and get the support they rightly deserve.

“Whether a victim-survivor chooses to involve the police or not, support is available to everyone. New Pathways is the largest sexual violence support provider in Wales, with extensive experience of delivering specialist support to adults and children affected by the trauma of rape, sexual assault or sexual abuse. 

“We would also encourage victims-survivors of sexual assault to seek help through sexual assault referral centres (SARCs). SARCs provide a safe space and dedicated care for people who have been raped, sexually assaulted or abused, and are here for everyone.” 

Sexual Abuse Compensation Advice (SACA) also offers a specialist service for anyone looking for support and advice after being affected by rape or sexual assault.

They operate a 24-hour helpline and live chat service which you can access on their website. 

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Crime

Homeless man jailed for broom attack on good Samaritan

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A HOMELESS man who attacked a good Samaritan with a broom, fracturing her elbow, has been jailed despite her act of kindness in offering him shelter.

Swansea Crown Court heard that Regan Boswell, 52, assaulted his friend at her home in Hakin on October 29, 2023, after she allowed him to stay the night.

Prosecutor Dean Pulling explained that Boswell, who was homeless, had knocked on the victim’s door asking for a place to stay. Out of compassion, she welcomed him in, hoping to help.

Initially, the arrangement was peaceful, Mr. Pulling said. However, Boswell left to purchase alcohol and later became agitated. While the victim was watching videos on her phone in the living room, Boswell suddenly entered, armed with a broom, and lashed out.

“He complained about the noise from her videos and struck her with the broom,” Mr. Pulling told the court. The attack was so forceful that the broom broke upon impact with her elbow. Boswell then used the broken handle to strike her in the stomach.

In his rage, Boswell also smashed the victim’s phone, damaged an extension cord, and overturned cans of lager in the house. Terrified, the victim fled to seek help from neighbors but found no assistance. She eventually left the building entirely until Boswell vacated the area.

The victim later attended Withybush Hospital, where doctors confirmed she had sustained a fractured elbow. In a statement read to the court, she described being deeply shaken by the violence. “I’ve never experienced anything like this before,” she said, adding that the betrayal by someone she considered a friend made it all the more distressing.

Boswell, who has no fixed address, was located by police at a spot where he had been sleeping rough. The court was told he has a long criminal record, including 98 prior offences, with 15 relating to violence and 19 involving property damage.

Defence counsel Dan Griffiths acknowledged Boswell’s extensive history of offending and attributed his actions to excessive alcohol consumption. “He admits he has a pattern of destructive behaviour,” Mr. Griffiths said, adding that Boswell’s guilty pleas were his only substantial mitigation. “He was making efforts to stay out of trouble and avoid prison.”

Judge Huw Rees condemned Boswell’s actions, highlighting his inability to control his temper or respect women. “Your actions were entirely unjustifiable,” the judge said.

Boswell was sentenced to 21 months in prison after admitting to charges of inflicting grievous bodily harm and criminal damage. Additionally, a seven-year restraining order was imposed to protect the victim.

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