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

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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.”

 

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Crime

Police probe ball bearing damage in Haverfordwest

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POLICE are investigating reports of criminal damage in Haverfordwest after suspected metal ball bearings were used to damage a vehicle and a property.

Dyfed-Powys Police said damage was caused to the wing mirror of a blue Range Rover Evoque on Glenfields Road sometime between 11:10am and 11:20am on Sunday, May 10.

Officers believe metal ball bearings may have been used.

A second incident was reported at around 2:30pm on Tuesday, May 12, when the window of a property on Glenfields Road was allegedly struck by a suspected metal ball bearing.

Police said local officers are continuing to speak with residents after receiving a number of calls about ball bearings being found in the Glenfields Road and Old Hakin Road areas.

Anyone who witnessed anything, or who has information that could help the investigation, is asked to contact Dyfed-Powys Police online, by emailing [email protected], or by calling 101.

Information can also be given anonymously to Crimestoppers on 0800 555 111 or via crimestoppers-uk.org.

Quote reference: 26*375605.

 

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Crime

Stolen vehicle investigation after late-night crash in Waterston

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A VEHICLE involved in a late-night single-vehicle crash in Waterston, Milford Haven, is believed to have been stolen, police have confirmed.

Dyfed-Powys Police said officers received a report of the collision at around 11:55pm on Sunday (May 17).

The vehicle was recovered at approximately 1:15am on Monday (May 18), but nobody was found at the scene.

Following enquiries, police established that the vehicle had reportedly been stolen at some point during Sunday evening.

Officers said enquiries into the incident are ongoing.

 

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News

Labour names Senedd spokesperson team after election defeat

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Ken Skates says group will focus on holding new Welsh Government to account

INTERIM Welsh Labour leader Ken Skates has unveiled the party’s Senedd spokesperson team following its defeat in the recent election.

Mr Skates will act as interim leader of Welsh Labour and spokesperson for health, care and national security.

He said the Labour group would draw on “extensive experience” while bringing “fresh energy and ideas” to its work in opposition.

The party said its Senedd group was committed to holding the new Welsh Government to account and pushing for practical results for the people of Wales.

Jayne Bryant MS has been appointed spokesperson for housing, communities, public and preventative health, with women’s health also included in her brief.

Mike Hedges MS will cover culture, sport, local government and legislation.

Vikki Howells MS becomes Chief Whip and spokesperson for environment, farming, energy and transport. Her portfolio also includes planning.

Lynne Neagle MS has been named Business Manager and spokesperson for children, education and lifelong learning.

Shav Taj MS will cover employment, equalities and economic transformation, including social partnership.

Huw Thomas MS has been appointed spokesperson for finance, democracy, citizenship and the Welsh language. Regional and city deals will also fall within his brief.

Welsh Labour said Sarah Murphy’s portfolio will be announced when she returns from maternity leave.

A photo call with the Welsh Labour Senedd Group is due to take place in Cardiff Bay on Tuesday (May 19), although no interviews will be available.

 

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