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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.

News

Pembrokeshire miracle cat survives journey beneath moving recovery truck

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Zyla the fun-loving feline had a day to remember on Monday after climbing on the chassis of a recovery truck parked close to her home in Neyland.

After curling up into a cosy little ball, the 14-year-old cat found herself being whizzed around the roads of Pembrokeshire. And her journey continued on into the evening.

Just before 7pm, when the truck driver returned to Neyland, he heard some plaintive little cries coming from beneath his vehicle.

“They were quite loud cries, and when my partner went to investigate, this little beauty made an appearance,” said the recovery driver’s partner, Emma Louise James.

“We’ve no idea how she managed to stay securely on the vehicle throughout the afternoon because the truck had been on recoveries over quite a wide area including Whitland, Haverfordwest and Clarbeston Road.”.
Despite appearing to be uninjured, Emma decided to take the cat to the local vets in order that she could be scanned for a microchip.  They also put photographs of her on social media, hoping that her owner would recognise her and come forward. 

Sure enough, after no fewer than 1,700 shares, her owner, Paula Busby, was able to breathe a sigh of relief when she learned that her precious little Zyla was safe and well.

“This was one of the best presents I could have had,” Paula told The Herald.

“The last time I saw Zyla was mid afternoon on Monday.  I slipped out for a few hours but when I came back,the alarm bells immediately started ringing because Zyla always responds to the whistle.  But when I blew the whistle, there was no sign of her.”

Paula’s concerns were exacerbated by the fact that a few days previously, little Zyla had suffered a seizure and was booked in to see the vet.

“So in many ways, her adventure has been something of a blessing,” continued Paula.  “While she was at the vets she had another fit which enabled the vet to carry out some tests which confirmed that she has epilepsy.  So from now on she’s on medication to help her.

“When you consider how long she spent underneath the recovery truck, it really is a miracle that she survived.  From now on we shall be keeping a very close eye on her.

“We’re just so grateful to the hundreds of people who shared the post on Facebook and of course to Emma and her partner for doing everything they could to help little Zyla.

“She really is a miracle.”

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Crime

Lamphey man stole £1,300 from train passengers’ bags

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A LAMPHEY man has been sentenced for stealing £1,300 in cash and bank cards from passengers’ bags on the Tenby-Pembroke Dock train.

The court heard that on August 11, Luke Brummit, 46, removed two rucksacks from the luggage rack and searched them.

“The defendant took the bags into another carriage, searched them, and removed a purse and wallet before leaving the bags beneath the seat,” Crown Prosecutor Derek Davies told magistrates.

Brummit also admitted stealing £86.06 worth of items, including two legs of lamb and bottles of beer, from Sainsbury’s in Tenby on September 19.

Defence solicitor Tom Lloyd said Brummit has since taken steps to address his behaviour: “He’s doing better than he’s ever done and is working to improve his conduct.”

Magistrates imposed an 18-month community order, including 20 rehabilitation activity requirement days and a 120-day alcohol monitoring programme. Brummit must pay £1,300 compensation to the victim, £86.06 to Sainsbury’s, a £114 court surcharge, and £85 in costs.

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Crime

Ex-refinery worker sentenced for harassment and stalking in Milford Haven

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A FORMER refinery worker has been sentenced after harassing his ex-partner by dumping rubbish in her garden and shouting through her letterbox.

Haverfordwest magistrates heard that on June 14, at around 6:20am, Kyle Allerton, 29, arrived at Leah Jenkins’ property in Milford Haven after attempting to call and text her earlier that morning.

“He rang her at around 6:00am, then turned up at her property at 6:22am,” Crown Prosecutor Derek Davies said.

“He shouted through the letterbox, demanding she come to the door or window to talk to him. He then emptied bins over her garden before driving off in a white van.”

Jenkins said in her victim impact statement: “I feel harassed by his actions and worried about what he might have done.”

Probation officer Courtney Colman explained that Allerton had struggled to cope with the end of their seven-year relationship, turning to alcohol as a coping mechanism.

“He was drinking up to ten cans a day, which contributed to his losing his job at the refinery,” she said.

Allerton pleaded guilty to harassment. Magistrates imposed a 12-month community order, including 15 rehabilitation activity requirement days and 10 hours of unpaid work. He must pay a £114 court surcharge and £85 in costs.

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