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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

Police issue update following incident at Tenby multi-storey

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Dyfed-Powys Police have confirmed this morning that they are investigating a collision on the ground floor of the multi-storey car park in Tenby, at around 4pm on Thursday, January 2.

The collision, police said, involved a grey Nissan Qashqai and a young child.

The child remains in a critical condition in hospital.

The family are being supported by specially trained officers.

One man, aged 33, has been arrested on suspicion of causing serious injury through dangerous driving, drink driving, and drug driving. He remains in police custody.

Police issued a statement saying: “This is a tragic incident and is a live investigation.

“We ask that you do not speculate the circumstances and allow our officers to carry out their enquiries.

Anyone with information or dashcam footage that could help officers with their investigation is asked to report it to us, either online at: https://bit.ly/DPPContactOnline, by emailing [email protected], or by calling 101.

Quote reference 25*6238”

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Milford sex offender’s child abuse images ‘most disturbing imaginable’

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A 40-YEAR-OLD man from Pembrokeshire has been sentenced to 22 months in prison after being found with nearly 40,000 indecent images of children, including some of the most disturbing nature imaginable. Jason Church, a father of young children, appeared at Swansea Crown Court where he faced multiple charges related to child exploitation.

The investigation began when police traced suspicious online activity linked to Church’s home in Milford Haven. On August 23, 2023, officers executed a search warrant at his residence, during which Church admitted to having incriminating material on his mobile phone. He explicitly stated to the police, “It’s on my phone, what you’re looking for” when questioned about the nature of the images.

Upon examination of his Samsung device, authorities uncovered a staggering collection: 2,688 images classified as Category A (the most severe), along with 4,160 Category B images and an alarming 32,205 Category C images. Among these horrific images were videos depicting the sexual abuse of very young children, including a baby. Additionally, officers discovered a 170-page manual that provided detailed guidance on how to exploit children and evade detection.

In court, prosecutor Ashanti-Jade Walton highlighted the graphic content of the material found and emphasised the seriousness of Church’s offences. Despite his previous clean record, Church pleaded guilty to all charges against him. His defence barrister noted that Church was aware of the severity of his actions and had sought help from organizations aimed at preventing child exploitation.

Judge Huw Rees condemned Church’s actions as “unhealthy” and a significant danger to children. He stated, “These are not just images; they represent real victims,” reinforcing the gravity of Church’s crimes and the impact they have on real lives.

In addition to his prison sentence, Church is required to register as a sex offender and will be subject to a sexual harm prevention order for ten years following his release.

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Community

Welsh Water distribute free cold weather lagging kits

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AS the winter season is in full swing and the temperature drops, Dŵr Cymru Welsh Water is offering free winter lagging kits to help households across Wales prepare for the colder months. With over 2,500 kits available, the initiative aims to assist residents in protecting their homes against frozen pipes and costly bursts.

Frozen pipes can lead to unwanted damage and unnecessary stress during the winter season, but with the right preparation the risks can be minimised.
The winter lagging kit includes pipe insulation and a tap jacket – with lagging designed to protect exposed pipes and a tap jacket to prevent outdoor taps from freezing and bursting.

“We understand how challenging winter can be for many people, which can be made worse should the unexpected happened – such as a experiencing a frozen or burst pipe,” said Euan Hampton, Water Demand – Delivery Manager at Dŵr Cymru Welsh Water. “To help ease the pressures winter can bring, we’re offering free pipe lagging kits and tap jackets as part of our ongoing commitment to helping communities stay safe, warm, and secure throughout the colder months.”

In addition to distributing free lagging kits and tap jackets. Dŵr Cymru Welsh Water recommends the following tips to help residents prepare their homes:

Locate your stop tap: Knowing the location of your stop tap is essential in the case of an emergency. If your pipes freeze or burst, you’ll want to shut the water off to minimise damage.
Clear your gutters: Blocked gutters can lead to excess water accessing your home, especially during a storm.
Insulate pipes: Not only outdoor pipes need preparing, think of areas that may be at risk to cold weather – attics or uninsulated cupboards.
Fix those drips: Dripping taps can increase the risk of frozen pipes. Fixing it will also save you litres of water every day, saving both energy and money on your water bill.
Away from home? Empty buildings are at particular risk. If you’re leaving your home for a prolonged period, turn off your stop tap and drain down the system – so there is no water in the system to freeze. If you’re away for a short time, if you can, we suggest keeping your heating on low to help keep your home warm and prevent pipes from freezing.
The free kits are available on a first-come, first-served basis. To request a free winter lagging kit or tap jacket, customers can visit: www.dwrcymru.com/en/winter-ready

Alongside the helpful tips to prepare your home this winter and advice on how to manage any issues should they arise. Dŵr Cymru Welsh Water are also offering free water efficiency home visits to all domestic customers – and the free lagging kit and tap jackets can be installed as part of the visit.

If you would like to find out more ways you could start saving, visit: www.dwrcymru.com/en/help-advice/cartref/water-efficiency-home-visit

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