News
Press gagging order granted in James Oulton case by Crown Court judge
THE CROWN COURT judge presiding over the James Oulton trial has issued a reporting restriction to the press, which local media says is a “draconian” measure which will hamper the reporting of the child abuse case.
In total, 11 ex-pupils, who were under 13, have accused Oulton, 34, of sexually assaulting them.
He denies 30 charges at Swansea Crown Court, relating to his time at a primary school in Haverfordwest, between 2012 and 2018.
Her Honour Judge C Richards sitting at Swansea Crown Court on Monday (Apr 19) granted an application for a media gagging order made by Oulton’s defence barrister Christopher Clee QC.
The BBC and The Pembrokeshire Herald opposed the order in court, with the Herald saying it will try to overturn the order at the Court of Appeal.
Judge C Richards said that whilst the Pembrokeshire Herald “rightfully and properly reported on the case”, public comments, which have now been restricted, had “been of concern”.
The application was to restrict the reporting of the names of eight adult defence witnesses, or any matter likely to lead members of the public to identify who the witnesses are.
However, the ‘likely to lead’ phrase means, because of possible jigsaw identification of witnesses, likely none of the defence evidence in the case could be reported by the press without publishers running the risk of breaching the order.
Judge C Richards first read legal submissions from the legal team at the BBC.
Barrister for Herald News (UK) Ltd, Matthew Graham Paul, made submissions orally on behalf of this newspaper.
He told the court: “The imposing of reporting restrictions under S.46 of the Youth Justice and Criminal Evidence Act 1999 should be approached with caution.
“The order sought by my learned friend would not merely postpone the reporting of this case, it would, in effect, prohibit any significant reporting of the majority of the defence case altogether.
“The freedom of the press is an absolute fundamental part of court proceedings, and Article 10 rights, necessary in a democratic society.
“The court should exhaust every other remedy before making an order effectively harming the reporting of the case.”
Matthew Paul explained that whilst he understood that there were concerns over Facebook comments written by members of the public on news reports on the Pembrokeshire Herald’s Facebook page, this matter had been resolved by banning commenting all together – something which Facebook has started to allow on specific posts since April 1, 2021.
Matthew Paul explained to the court that Press restriction orders under Section (4)2 The Contempt of Court Act 1981 were rare, “and required a high level of evidence before they were granted”.
“This is not the case for orders made under S.46 of the Youth Justice and Criminal Evidence Act 1999” he said, but argued that applications under both pieces of legislation “should be treated in the same way.”
He said: “The court has an enormous arsenal of sanctions to deploy against anyone violating the Contempt of Court Act”
Calling the application by the defence “draconian”, he added “the court has got several ways of putting witnesses at ease, aside from reporting restrictions.
“Prohibiting a free press on a trial which is of significant interest in my submission is wrong. It is improper for the court to make this s.46 order.”
The judge noted that there had been, in her opinion, an increase in reluctance for witnesses to give evidence since the case had attracted so much publicity.
Judge C Richards said: “I have not read them myself, but I was made aware of public comments on the Herald Facebook page, and that they had caused a bit of a stir in Pembrokeshire.
“It was not anything that I needed to concern the jury about, and I noted that the comment section was promptly restricted.”
When making her order, the judge said: “Continued reporting could mean the quality of evidence given by witnesses could be diminished.
“I am satisfied that a reporting direction is necessary under section 46 and am satisfied that this is in the interests of justice.”
It was also stressed that the reporting restriction does not only cover the press, but also covers members of the public, who could now be breaking the law if they name defence witnesses on social media platforms.
Testimony from the 11 child witnesses for the prosecution can still be reported, but the alleged victims cannot be named.
News
Man remanded in custody following alleged assault in town centre
A PEMBROKE man has been remanded in custody following an alleged assault against a woman in Pembroke town centre last Thursday.
Morgan Ralph, 38, is accused of assaulting a female, occasioning her actual bodily harm during the alleged altercation on March 14.
Ralph, who appeared before Haverfordwest magistrates on Tuesday morning via a video link from Swansea Prison, pleaded not guilty to the offence.
His solicitor Tom Lloyd, informed magistrates that Ralph was acting in self defence during the alleged incident.
The matter was adjourned to May 23 when Ralph, of St Oswalds, Main Street, Pembroke, will be tried before Haverfordwest magistrates.
He was remanded in custody.
News
Retaining wall collapse in Haverfordwest crushes van
A RETAINING wall at Spring Gardens Lane, behind the site of the former Pembroke House Hotel in Haverfordwest, has collapsed following a period of heavy rainfall, causing damage to vehicles parked in the vicinity.
The incident has left two vans damaged, one severely.
The collapse of the wall sent debris sprawling across the car park, illustrating the force of the collapse and the substantial volume of water contributing to the structural failure.
Witnesses described hearing a loud rumbling noise before discovering the aftermath of the collapse.
Fortunately, no injuries have been reported.
The collapse serves as a stark reminder of the challenges posed by heavy rainfall and the importance of maintaining and monitoring ageing infrastructure.
Business
People in Wales are worried about running out of money in retirement
FEAR of running out of money in retirement is rising among those in Wales with more than half (55%) concerned their savings will not last them through retirement, new research from Investec Wealth & Investment (UK) shows (please see the attached press release).
In general, women are more worried about running out of money compared to men. More than half (54%) of women surveyed are concerned about how long their money will last in retirement, compared to only 44% of men. Around 46% of men who are not worried about running out of money in retirement say it is because they have a final salary pension scheme – compared to just 38% of women who have this.
The study by Investec Wealth & Investment (UK), part of Rathbones Group, among people with stock market investments including pensions, paints a bleak picture – around 55% of those living in Wales are concerned they do not have enough money for retirement. This is similar to the UK average of 56%.
Women are more worried than men that they do not have enough money for retirement. Almost two thirds (61%) of women surveyed are concerned, with 18% of these very concerned they do not have enough money for retirement. This compares to just over half (53%) of men surveyed, with 14% of these very concerned they do not have enough money for retirement.
The Investec Wealth & Investment (UK) study shows that those living in Wales who have yet to retire are realistic about what will happen to their incomes in retirement – 64% expect their monthly incomes to drop on retirement and 36% did not know.
-
Community6 days ago
Two Welsh codebreakers who helped shorten WWII celebrate their 100th birthdays
-
Community2 days ago
Residents hit back after YouTube video shows Milford ‘in decline’
-
News20 hours ago
Air ambulance called following incident at Aldi Pembroke Dock
-
Crime6 days ago
Local carer admits defrauding client by more than £7,000
-
Crime6 days ago
Dramatic arrest of three men after man hospitalised in assault
-
News5 days ago
Pembroke Dock grants scandal: A decade of deception unravelled
-
News6 days ago
Llŷr Davies, 16, was kind, funny and charming, says bereaved family
-
Crime7 days ago
Neyland motorist caught driving Mercedes four times over the limit