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Judgement reserved on Herald ​editor

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Barrister Matthew Paul: Pictured with Herald editor Thomas Sinclair​

THE EDITOR of The Ceredigion Herald appeared in court today (Apr 20) charged with breaching a statutory reporting restriction.

Thomas Hutton Sinclair, the 37-year-old editor of the Herald titles, was on trial for allegedly identifying the complainant in a sexual offence case.

Appearing in Llanelli Magistrates’ Court, Mr Sinclair maintained his not guilty plea.

Prosecuting, Emma Myles told the court that the allegation related to an article published in the Ceredigion Herald in 2016.

“The court will be aware that under the provision of the 1992 sexual offences act the complainant has a right to anonymity,” Ms Myles said.

“It is the Crown’s submission that this falls foul of the wording of this act.”

All written statements were accepted by the defence, and the case hinged on whether the article in question breached the Act in question or not.

The court heard from the record of a police interview with Herald deputy editor Jon Coles, in which he stated that he had received the court report in question from a Herald court reporter, and changed the tense from present to past, as well as fixing some errors.

Describing M​r​ Sinclair as ‘a hands-on editor’, he added that Mr Sinclair had the final word over what was published. Mr Coles stated that in this instance he had not been instructed to check whether the content complied with the law, though on some occasions he carried out this task when asked.

In an informal interview last year, Mr Sinclair told police that he had held the role of editor since 2013, although his training was in law not journalism.

He added that as a total of around 1,200 articles were published over the four titles each week, it was ‘impossible’ to edit all of them, and some of this work was referred to the deputy editor. In this case he had not seen the article until it was brought to his attention by the police.

When asked his opinion on whether the article breached reporting restrictions, Mr Sinclair replied that it ‘sailed close to the wind’ but would not allow members of the public in general to identify the complainant.

He pointed out that the defendant in the original case had ‘a common surname’ and that The Herald had not reproduced his address.

When asked if he would have changed anything had he edited the article himself, Mr Sinclair suggested that he may have taken out details of the defendant’s occupation.

However, he maintained that ‘any member of the general public would not be able to piece together who the complainant is’.

He also noted that the reporter who wrote the article had just been coming to the end of a probationary period at the time, and that his staff had already been booked onto a media law course.

Summing up, Ms Myles said that it was the Crown’s submission that by publishing this article, Mr Sinclair had breached legislation specifically aimed at that type of case.

“I respectfully submit that the legislation must be stringently applied,” she added, stating that details of the relationship between the complainant and the defendant in the original case which were published breached the legislation.

Representing Mr Sinclair, Matthew Paul set out the information revealed in the article – the name, age and former occupation of the convicted party, along with the date of conviction and a familial relationship which had existed at some point between him and the complainant. However, he noted that the date of the offence and the defendant’s address had not been included, and no indication had been given as to the age of the complainant.

His argument was that in this case there was nothing in the article which would allow any member of the public not closely connected with the convicted party or the complainant to make any identification.

Mr Paul stressed that for a conviction, it had to be demonstrated that there was a real, rather than a hypothetical risk of identification.

Referring to the case of the Attorney General vs Greater Manchester Newspaper Group he noted that it had been found that the risk of identification was not based on relative statistical probability but ‘a real risk’.

“The Crown has to establish more than a hypothetical, but a material risk,” he added.

Mr Paul noted that the Crown appeared to be of the position that placing the complainant in a ‘pool of potential victims’ was the same as identifying them.

“Identifying, in my submission, must mean only one thing; it must lead to one person.”

Mr Paul added that the familial relationship mentioned could apply to more than one person, and that there was nothing in the report which suggested whether it was an historical or recent offence.

He suggested that the most the article could lead to, if read by someone familiar with the convicted party and/ or complainant, would be to place them in a ‘small pool’ of potential people.

He also noted that this small risk of identification was made even smaller by the Ceredigion Herald’s circulation figures at this time, which amounted to a relatively small percentage of the county buying a copy, and the fact that the story was not placed online.

“Right from the start you are dealing with a low-level risk, made even smaller by the fact that the date of the offence was not mentioned,” he added.

“Overall, you are looking at whether this report would lead members of the public to identify the complainant – it is my submission that it would not.”

District Judge David Parsons reserved judgement until May 12 at Llanelli Magistrates’ Court.

Crime

Motorist over drink-drive limit after ‘two glasses of wine’

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Second conviction leads to lengthy ban and community order

A MOTORIST who drove home from the pub believing she had consumed just two glasses of wine was later found to be more than three times the legal drink-driving limit.

Rhiannon Butler, 40, was stopped by police as she drove her Volkswagen Golf along Pembroke Street, Pembroke Dock, on Saturday (Nov 30).

“There was a strong smell of alcohol inside the vehicle and when she was asked about this, she said she was a recovering alcoholic who worked in a pub, which was why she smelt of alcohol,” Crown Prosecutor Ryan Colamazza told Haverfordwest Magistrates’ Court this week.

Butler initially refused to provide a roadside breath sample. When she eventually agreed, the reading showed 125 micrograms of alcohol in 100 millilitres of breath. The legal limit is 35. Further breathalyser tests carried out at the police station later recorded a reading of 109.

Butler, of River View, Stranraer Road, Pennar, pleaded guilty to the drink-driving offence. The court was told this was her second conviction for drink-driving, following a previous court appearance in 2020.

Due to the high reading, magistrates requested a pre-sentence report from the probation service before passing sentence.

“She’d been working that day and had drunk some alcohol when she finished,” the probation officer told the court. “She thought she’d had two glasses of wine, but people were filling up her glass, so she was unsure how much she’d drunk.”

Butler was disqualified from driving for a total of 40 months and given a 12-month community order. She was ordered to complete 80 hours of unpaid work and 15 rehabilitation activity requirement days. She must also pay a £114 court surcharge and £85 in costs.

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Crime

Man charged with months of coercive control and assaults

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Pembrokeshire defendant accused of abuse towards woman and four-year-old child

A 28-YEAR-OLD Pembrokeshire man has appeared before magistrates charged with subjecting a woman to months of controlling and coercive behaviour, as well as assaulting her and her young child.

Jake Davies, of Stokes Avenue, Haverfordwest, is accused of engaging in controlling and coercive behaviour towards the woman over a period of more than five months. He is also charged with assaulting the woman by beating and with assaulting her four-year-old child.

The Crown alleges that between August 1 and December 1, Davies repeatedly prevented the woman from using social media and from contacting her friends. He is further accused of threatening to kill himself if she left the property.

Davies was arrested on December 14 after allegedly throwing the woman against a bannister inside her home.

“All he was saying, repeatedly, was that he wanted no further action taken against him,” Crown Prosecutor Ryan Colamazza told Haverfordwest magistrates this week.

“That was the sole thing he was talking about while he was assaulting her.”

Mr Colamazza said the relationship began to deteriorate in August.

“He’s been very controlling about who she sees and he’s very jealous of her,” he said. “His aggression then turns towards the child – on one occasion he threatened to cut off the child’s fingers.”

Davies appeared before the bench in custody, where he denied all three charges of assaulting the woman and her child, and of engaging in controlling and coercive behaviour.

Despite an application by the Crown Prosecution Service to remand Davies in custody ahead of his Crown Court appearance, magistrates agreed to release him on conditional bail.

The conditions require that Davies lives and sleeps at his home address in Stokes Avenue, Haverfordwest; reports to Haverfordwest police station three times a week; does not enter Milford Haven or the surrounding area; and has no direct or indirect contact with the complainant. He must also comply with a daily electronic curfew between 7:00pm and 7:00am.

Davies is due to appear at Swansea Crown Court on January 16.

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Crime

Drunken rampage sparked safety fears at Home Bargains

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Customer admitted becoming ‘violent and unpleasant’ when drinking

A COURT has heard how staff and customers at the Haverfordwest branch of Home Bargains feared for their safety when a customer went on a drunken rampage inside the store.

Staff member Christine Campion became aware of the growing concern on the afternoon of October 23 as Christian Teeley, 22, began hurling drunken abuse at shoppers.

“She heard people shouting ‘Get him out,’ and could see Christian Teeley swearing at random members of the public,” Crown Prosecutor Ryan Colamazza told Haverfordwest magistrates this week.

“She asked him to leave the store, but he then started swearing at her and began walking towards her. She was concerned that he was going to be violent.”

Although Teeley did not physically assault the complainant, magistrates were told that his actions caused her to fear immediate violence. As a result, he was charged with common assault, as well as using threatening and abusive words and behaviour. He pleaded guilty to both offences.

During a subsequent police interview, Teeley admitted that he becomes “violent and unpleasant” when under the influence of alcohol.

The court was also told that the incident took place just three months after Teeley had received a conditional discharge for behaving aggressively while drunk towards staff at Withybush General Hospital. The latest offence therefore placed him in breach of that sentence.

Teeley, of Cherry Tree Close, Milford Haven, was sentenced to an 18-month Community Order, during which he must complete 20 rehabilitation activity requirement days. He was also ordered to wear an alcohol monitoring tag.

He must pay a £114 court surcharge and £85 in costs.

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