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.”