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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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Business

Largest Welsh port appoints communications and marketing director

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THE Port of Milford Haven has announced that Anna Malloy has been appointed as its first Communications and Marketing Director.

Anna is appointed to the Senior Management Team and this new role will be pivotal to the delivery of the Port’s long-term growth and diversification agenda and in ensuring that its obligations to coastal communities, future generations and to nature are honoured.

Tom Sawyer, CEO of the Port of Milford Haven, congratulated Anna and said: “Anna has a key role to play in our future and it’s doubly lovely to see ‘port-grown-talent’ flourish and for colleagues to progress up through our organisation.”

Anna will lead across the public affairs, marketing, sustainability, media relations, and community relations activities. She will therefore play a central role in the development of new and existing partnerships, including the Celtic Freeport, the Milford Haven Energy Cluster and the Celtic Collection; sitting alongside the delivery of major projects like Milford Waterfront and the Pembroke Dock Renewables Terminal.

“This is such an exciting opportunity. I am proud to be joining the Senior Management Team and look forward to delivering our ambitious strategy,” commented Anna Malloy, Communications and Marketing Director.

She added: “The Port of Milford Haven is playing a key role in the transition of South-West Wales’ economy to a decarbonised future. A beautiful place, with great people, that I am privileged to call my home.”

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Community

First deadlines met following enforcement action at landfill site

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THE first set of deadlines for the completion of actions to tackle the ongoing odour issues at Withyhedge Landfill in Pembrokeshire have been met, one week on following the issuing of further enforcement action by Natural Resources Wales (NRW).  

NRW issued site operator Resources Management UK Ltd (RML) with a further Regulation 36 Enforcement Notice on Thursday 18 April.

This outlined a series of actions to be completed by specified deadlines to address the ongoing odour and landfill gas emission issues at the site.

During the latest site inspection which took place yesterday (Thursday 25 April), NRW was able to confirm that three actions have been completed – two ahead of the imposed deadlines.

The operator has installed 24 pin wells, which have been driven into the waste in the lower section of the cell identified as causing the odour issues (Cell 8). These have also been connected to the landfill gas extraction system.

Capping material has been placed over the same area of the cell and welded to the basal liner to encapsulate gas in this area, allowing for extraction by the pin wells and four horizontal gas wells, which were previously installed.

While progress is being made, NRW officers detected strong landfill gas odours during an offsite assessment on Wednesday (24 April) in Poyston Cross and Crundale. Weather conditions this week appear to have led to a wider spread of landfill gas to surrounding areas, not solely linked to wind direction.

NRW odour assessments follow a set route around the landfill, with designated survey spots, identified to enable consistency of assessment and reporting. This is essential to ensure the regulatory and enforcement responses where there is offsite odour attributed to the landfill is robust. 

The remaining Regulation 36 Notice actions will require significant effort by RML to ensure they are completed on time and NRW continues to closely monitor progress.

Clare Pillman, Chief Executive of NRW, met with representatives from NRW’s South West Industry Regulation Team and Pembrokeshire County Council during a visit to Pembrokeshire on Thursday 25 April.

Clare Pillman, Chief Executive, Natural Resources Wales, said:  “While visiting the area surrounding Withyhedge Landfill with our regulatory team and partners from Pembrokeshire County Council this week, I was able to see and hear for myself just what people living and working in these communities have had to endure as a result of the odour issues from the site.

“What they have been experiencing is unacceptable and our officers have been working tirelessly alongside colleagues at Pembrokeshire County Council to ensure the operator gets this under control as quickly as possible. While it was clear that a lot of work has been done on site, there is still more to do to ensure they address all the actions set out in the enforcement notice.

“We want to make sure that happens, and are exploring every option together with Pembrokeshire County Council to ensure the operator works quickly to resolve the issues which are clearly affecting the quality of life of people in these communities.”

Huwel Manley, Head of South West Operations, said: “While we are reassured that action is being carried out by the operators at Withyhedge Landfill with a sense of urgency, we are continuing our regulatory presence on site to ensure the operator’s focus remains on tackling the issues that will address the continuing odour issues being experienced by surrounding communities.

“We will be closely monitoring progress over the coming days and weeks to ensure the operator complies with all the actions set out in Notice by 14 May. If they are not met, we will pursue additional enforcement action where appropriate.”

NRW requests that instances of odour from the landfill continue to be reported via this dedicated form: https://bit.ly/reportasmellwithyhedge or by calling 0300 065 3000.

Please report odours at the time of them being experienced, rather than historically. Reporting odours in a timely manner will help guide the work of partners more effectively, particularly in the further development of air quality monitoring.

These photos taken on 16 April and 25 April show the progress of capping works on cell 8. Pin wells are visible in both images. These have been connected to the landfill gas extraction system and are extracting gas from the waste mass.

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Community

Milford Haven’s war memorial is 100 years old today

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THE Milford Haven War Memorial, a significant landmark commemorating the fallen heroes of World Wars and subsequent conflicts, marks its 100th anniversary today.

The memorial, which was inaugurated on April 26, 1924 by the Venerable the Archdeacon of St Davids, remains a poignant symbol of sacrifice and hope for peace.

Constructed from 1923 to 1924, the memorial consists of a striking assembly of pink granite and white marble statues that were sculpted in Italy.

Representing the Army, Navy, and Air Force, these life-size statues stand on an unpolished three-step plinth below a main pedestal. A soldier faces west and a sailor east, with an airman atop the central column, surveying the skies.

The names and inscriptions of the fallen are carved into the polished granite shaft, meticulously supervised by surveyor J.P. Morgan with contractor E. Jones of Llanybydder.

Located on Hamolton Terrace with views over the Milford Haven waterway, the memorial is a freestanding structure in an external, roadside setting. It features a serviceman/woman sculpture in marble and Portland stone, set on a concrete base surrounded by railings. Inscribed plaques honour those who served in the First and Second World Wars, the Korean War, and the conflict in Iraq from 2003 to 2009.

The memorial lists the names of 239 men who perished in the First World War on its polished grey granite faces. The Second World War claimed 157 lives from this community, whose names are recorded on bronze plaques around the base. Notably, the memorial also honours one serviceman who fell during the Korean War and another who was killed in Iraq in 2007.

The Milford Haven War Memorial stands not only as a historical monument but also as an enduring reminder of the costs of war and the community’s ongoing commitment to peace.

As the town reflects on a century of remembrance, the hope remains that future generations will continue to cherish and learn from the lessons of the past.

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