News

CPS given time to reconsider ‘unfair and oppressive’ court proceedings

Published

8 years ago

September 8, 2016

Thomas Sinclair (right) and Matthew Paul (left) at Llanelli Magistrates’ Court (pic. Alan Evans)

THE EDITOR of The Pembrokeshire Herald has been in court today (Sep 8) charged with naming a youth defendant in court proceedings.

Thomas Sinclair, 37, of Hamilton Terrace, Milford Haven, appeared at Llanelli Magistrates’ Court this morning to confirm his name, address and date of birth.

His barrister, Matthew Paul, successfully argued that Sinclair should not have to make a plea at the hearing, because he raised the point that the Milford Haven Port Authority, the organisation who prosecuted the youth, had also breached the same act of Parliament by releasing a press release which allows the identity of that defendant to be easily discovered.

Matthew Paul told the court that The Port of Milford Haven were effectively acting as the Crown when they secured a conviction against a young fisherman who crashed his boat in 2015.

That prosecuting authority, he said, put a press release on their website which clearly stated the defendant’s place of work.

This is a breach of the same Act of Parliament, albeit a different section, which Mr Sinclair is charged with.

Mr Sinclair accepts that he has no defence to the charge, but in these circumstances, it would be both “unfair and oppressive” to prosecute him.

District Judge, Simon Morgan, told Sinclair: “As a journalist you should know proceedings in the youth court are subject of the 1933 Act.

“Even if this youth had appeared in the adult court, an order prohibiting publication of his identity would have been issued automatically, and as a matter of course due to his age.

“Any journalist not present at the hearing could have contacted the court to check what court orders were in place in relation to the youth who had appeared.”

District Judge Morgan accepted that the CPS should be given time to consider whether the prosecution against Sinclair was in the public interest, in light of the fact they had chosen not to prosecute the Port of Milford Haven.

Barrister Matthew Paul told the court that this is a case where the youth in question was only a few months away from his 18th birthday, had already gained notoriety in both local and national press, and as the captain of a fishing vessel he was in a unique position of responsibility, in charge of both the vessel and lives of the crew.

During the hearing the solicitor representing another client passed his smartphone to Mr Paul. Mr Paul held up the phone and pointed out to the judge that the identity of the youth concerned was there for all to see on the Daily Mail website, at that moment in time, as well as in other national newspapers.

Simply Googling the name of the vessel which, was until recently, on the Port Authority website would have revealed the name of the defendant.

Mr Paul requested 14 days adjournment, but when questioned by the judge the CPS prosecutor requested more time. The judge granted adjournment for 28 days and the case will continue on October 10.

Speaking after the case, Tom Sinclair said: “I do not want to see The Port of Milford Haven prosecuted, what I want is for the CPS to come to their senses and drop this case.”

News

Chris Ellery found safe in Ireland, says daughter Kenzie

Published

5 hours ago

November 2, 2024

Tom Sinclair

AFTER AN exhaustive multi-agency search, missing man Chris Ellery has been found safe in Ireland. His daughter, Kenzie Ellery, shared the good news in a social media post on Saturday (Nov 2).

Chris’ brother Jason said he drifted all the way to Ireland and is ‘cold and dehydrated’.

There are unconfirmed reports that Chris notified Irish police he was safe and well when he made land at Wicklow, which is 130 miles from Fishguard.

Kenzie posted: “MY DAD IS ALIVE HE HAS BEEN FOUND IN IRELAND,” ending several days of intense concern following his disappearance last Wednesday (Oct 30) after setting out from Fishguard Harbour in a small boat.

Authorities had deployed police, Coastguard, and RNLI teams, who scoured the Fishguard area by land, sea, and air, following reports of Chris’s belongings being discovered in a secluded cove. The unexpected news that he had reached Ireland has brought relief to his family and friends who were actively searching and hoping for his safe return.

MORE TO FOLLOW

News

Plane, helicopter and lifeboats in search for missing man Chris Ellery

Published

7 hours ago

November 2, 2024

Tom Sinclair

A MULTI-AGENCY search continues in the Fishguard area for 54-year-old Chris Ellery, missing since Wednesday (Oct 30) after setting off alone from Fishguard Harbour in a black RHIB.

Concerns for Chris’s safety were raised after he failed to return home as expected on Thursday (Oct 31). The last sighting of the experienced sailor was captured on CCTV at 2:00pm on Wednesday, just as he left the harbour.

Since then, Dyfed Powys Police, HM Coastguard, and RNLI have been conducting extensive land and sea searches. Helicopters, fixed wing aircraft and search vessels are combing the sea off Fishguard.

Rescue efforts were paused Friday evening due to fading daylight but resumed early Saturday morning.

***Five lifeboats were involved in the search on Saturday (Nov 2)***

***HM Coastguard aircraft involved in search operation***

Personal items found amid search

During Friday’s search, personal belongings linked to Chris were discovered on a secluded cove, accessible only by boat. While this discovery intensified efforts in the remote area, there has yet to be any sign of his boat or other trace of Chris.

In a Facebook appeal, his daughter, Kenzie Ellery, described her father as “always very prepared” and pleaded for help from the public. She shared a photo of the boat he was last seen on and encouraged local residents to stay vigilant along the coast. Kenzie also mentioned an AirTag device her father carried, which last pinged in the sea near Fishguard.

Public plea for assistance

Kenzie’s heartfelt plea has been shared widely, with family and friends in Bristol circulating the information in hopes of reaching those closer to the search zone. “We all need him to be home, and we pray that he is safe,” she wrote. “Please share this post—we need him to be safe and home as soon as possible.”

Police appeal for information

Dyfed Powys Police have asked anyone with information on Chris’s whereabouts to get in touch. Residents along the Fishguard coastline are urged to report any unusual sightings immediately.

Anyone with information can contact police through:

Direct message on social media
The police website: Dyfed Powys Police
Email: [email protected]
Phone: 101

If you are deaf, hard of hearing, or speech impaired, text 07811 311 908. Quote reference: 102 of the 1st Nov.

News

Massive search and rescue off Pembrokeshire coast for Chris Ellery

Published

22 hours ago

November 1, 2024

Tom Sinclair

A LARGE-SCALE air and sea search operation is took place off the Fishguard coast following the mysterious disappearance of a man on a solo boating trip.

The search, which began at 3:00pm on Friday (Nov 1), has seen Coastguard helicopters and search vessels combing the area for signs of Chris Ellery, who was last in contact on Wednesday, October 30.

Family members have taken to social media in a desperate plea for assistance in locating Chris, who is known to be an experienced and well-prepared sailor. His daughter, Kenzie Ellery, shared a heartfelt post on Facebook, describing her father as “always very prepared” for potential challenges at sea, and expressed deep concern that no communication has been possible since Wednesday.

Dyfed Powys Police said: “We have been involved in a multi-agency search throughout the day for a man reported missing and believed to be in the Fishguard area.”

The police told The Pembrokeshire Herald: “A call was received from colleagues at Avon and Somerset Police at just before 10.20am today (Friday, November 1) requesting assistance in locating the man who was known to be visiting the area on Wednesday, October 30.

“Concerns were raised when he failed to return home yesterday.”

Personal belongings discovered

According to reports, police and Coastguard teams discovered some of Ellery’s belongings on a secluded cove accessible only by boat, intensifying efforts in this remote area. Despite locating personal items, there has been no sign of his boat or any further trace of the missing man himself. Kenzie revealed that her father was due to return home by midday on Thursday, October 31, but contact ceased shortly after he set off on his journey.

Public plea for assistance

Kenzie’s Facebook post included a photo of the small boat her father was last seen on, and she urged local residents along the coastline to stay vigilant and report any unusual sightings immediately. She mentioned that her father had an AirTag device with him, which last signalled in the sea near Fishguard. She noted that friends and family in Bristol have limited ability to assist physically but are sharing the information widely in the hope it reaches those closer to the search area.

In her appeal, Kenzie wrote: “We all need him to be home, and we pray that he is safe. Please share this post—we need him to be safe and home as soon as possible.”

***Chris’ daughter Kenzie has shared photos of the missing boat***

Ongoing rescue efforts

The coastguard operation is expected to continue on Saturday, with helicopters again making repeated passes over the Fishguard coastline and nearby sea. Aviation enthusiasts reported sightings of search aircraft involved in the operation on Friday.

Dyfed Powys Police said that its officers were deployed in the operation, “with land and sea-based searches carried out throughout the day”.

At one point early on Friday evening there were reportedly five RNLI lifeboats involved in the operation, including both in-shore and all-weather vessels.

The FPV (Fisheries Patrol Vessel) Rhodri Morgan and FPV Gwenllian are also in the area but it is unclear if they were also involved in the search, which was postponed due to it getting dark at 7.20pm.

Police and Coastguard authorities are urging residents along the Fishguard coastline to remain alert and report any potential sightings or evidence of the missing boater.

Anyone with information is encouraged to contact the police.