News

EXCLUSIVE: Bramble Hall Farm animal confiscation hearing deemed unlawful

Published

5 years ago

July 3, 2019

A COURT case in Haverfordwest to seize neglected animals from Bramble Hall Farm will have to be re-run. The High Court in Cardiff has ruled that the original hearing was unfair, and therefore unlawful.

At Cardiff Civil Justice Centre on Friday (Jun 28), Lord Justice Swift ruled that due process was not followed. The farmer, Mr Sean Burns, should have had more time to prepare for the case, he said.

His solicitor, Aled Owen, said that evidence was only served on his client just twenty minutes before the confiscation hearing.

On January 28 and 29, Pembrokeshire County Council’s Animal Health and Welfare Team obtained and executed court warrants at Bramble Hall Farm, Ferry Lane, Pembroke Dock.

The Council worked with the support of other agencies and animal charities.

An application was made under the Animal Welfare Act 2006 by Pembrokeshire County Council on to Haverfordwest Magistrates’ Court on March 7.

At Court on March 7, Mr Owen told Magistrates that the lack of time given to prepare his client’s case was ‘against the principle of natural justice’.

In order to allow for proper preparation of the defence case, he requested a 7-day adjournment. The Court refused the request and the hearing went ahead.

In granting the appeal, the High Court made no observations as to Mr Burns’ guilt or innocence, nor did it make any criticism of the way the Council and Police acted. The case turned on whether or not Mr Burns had enough time to address the issues raised in the prosecution’s case.

The case will, therefore, have to be re-run.

The application for a civil order sought the following: For 20 horses and a donkey to be put in the care of the RSPCA, 50 dogs to the Dogs Trust, 80 sheep and three goats to the local authority to be sold. The court was told at the time that the pigs would have to be destroyed.

The destruction order was ‘due to the pigs all having access to animal by-products, presenting a risk to public health.’

Some weeks after the case, the pigs were given a reprieve after a home became available for them.

A spokesman for Pembrokeshire County Council said: “We respect the court’s decision and the case in Cardiff High Court. The original hearing will now have to be re-run at the Magistrates’ Court.”

After Friday’s High Court hearing, Aled Owen told The Herald: “This is a matter which could have a serious impact on my clients reputations. A great deal was said locally which was not in fact correct. The Court held that because my clients are considered vulnerable that they didn’t have a chance to put their case fairly.

“The High court has agreed that they should be given that opportunity in order to redress the omissions in the way the matter was conducted.

“The court highlighted that there were lessons to be learned in the way that this case was conducted. This case has been heard in a blaze of publicity and under the scrutiny of social media.

“It is only right that vulnerable people, such as my clients, are given the opportunity to conduct their cases fairly and the opportunity to be properly heard.”

News

Milford Haven man jailed for child sex abuse images

Published

3 mins ago

November 14, 2024

Tom Sinclair

A MILFORD HAVEN man, Gareth MacDonald, 23, has been sentenced after pleading guilty to downloading over 1,000 indecent images of children.

MacDonald, of Meyler Crescent, was arrested in March 2023 following a police search of his home. Acting on intelligence, officers seized multiple electronic devices, and MacDonald admitted on-site to downloading illegal images.

Swansea Crown Court heard that MacDonald accessed material spanning all severity categories, including images depicting the rape of pre-teen children. He reportedly told police he had “become bored with legal pornography” roughly a year prior to his arrest.

Judge Geraint Walters sentenced MacDonald to eight months in prison, suspended for two years. As part of the sentence, MacDonald must:

Complete 20 rehabilitation activity days
Participate in the Horizon programme
Register as a sex offender for 10 years
Comply with a 10-year sexual harm prevention order

Judge Walters remarked that MacDonald had been accessing illegal content “for some considerable period of time” despite knowing it was wrong.

Crime

Ceredigion man sentenced for selling £150,000 in illegal DVDs

Published

10 mins ago

November 14, 2024

Tom Sinclair

A CEREDIGION man has been sentenced for selling counterfeit DVDs worth £150,000 under major brand names without authorization.

David Robert Thomas, 47, from Sarnau, ran a sophisticated online operation, producing and selling fake DVDs labeled with brands like Netflix, Amazon, Disney, Sony, and Universal City Studios LLC. Thomas used seven different websites and managed multiple bank and PayPal accounts, including those of family members, to carry out his business.

Councillor Matthew Vaux, Ceredigion County Council’s Cabinet Member for Public Protection, said: “Counterfeiting is often thought of as a victimless crime, but it harms the local economy by undermining legitimate businesses that pay taxes and create real jobs. This result sends a clear message that counterfeit sales will not be tolerated, and we will act against offenders.”

Thomas pleaded guilty at Swansea Crown Court on Monday (Nov 11) and was sentenced to 20 months in prison, suspended for 18 months. His sentence includes a four-month curfew and fifteen Rehabilitation Activity Requirement days.

Under the Crime Act 2002, forfeiture proceedings will follow to reclaim the financial benefits from Thomas’s criminal activities. Judge Richards took into account the market value of equivalent genuine goods, the sophisticated setup of Thomas’s business, and his previously clean record in reaching the sentencing decision.

The case was brought forward successfully by Ceredigion County Council’s Trading Standards Service.

News

Poignant Poppy Walk created in Milford Haven following Remembrance Day

Published

31 mins ago

November 14, 2024

Tom Sinclair

YOUNG people have again created a fitting tribute in honour of Remembrance Day with a Poppy Walk established along Hamilton Terrace.

On Monday (Nov 11) veterans working for the youth service identify young people to support them in using wreaths laid at the cenotaph to mount them along the railings between the Royal British Legion in Milford down to the Cenotaph itself.

This has now become an annual event with the service, in previous years young people from Milford Haven School and members of Milford Haven Youth Club have completed this work. This year it was young people and staff from Futureworks who helped youth workers.

In previous years the feedback from the public has been extremely positive and this year was no exception with members of the public stopping and speaking to the young people to ask what they were doing and to share their thanks for adding to the community in a respectful way.

Milford Town Council has supported the Poppy Walk since its inception and again were grateful to the youth service and the young people for leading on this work.

Jimmy Wilson, youth worker and former member of the Kings’ Own Royal Border Regiment said: “The fact that these young people have come in on their day off to volunteer their time to create the poppy walk shows that they value the service of the armed forces and understand the significance of remembrance day and the sacrifices made by both serving and ex forces members.”

The above picture includes Alfie, Kaden, Lily, Megan and Jenna with staff from Pembrokeshire Youth Service and Futureworks.