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Judge apologises to Herald journalist, but refuses to revoke press gagging order

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THE PEMBROKESHIRE HERALD sent a barrister to Swansea Crown Court today (Friday, May 21) to make an application that a press gagging order made last month during the James Oulton trial be now lifted.

WHY DID THE HERALD GO TO COURT?

This newspaper argues that the judge was wrong in law to make the order, as it represented an “excessive interference with the principle of open justice, and an unwarranted restriction on the newspaper’s right to free expression.”

Editor Tom Sinclair said: “We feel that it is important that all high-profile court cases are covered by the press, and that this reporting should be fair and impartial.

“This means that the newspaper wanted to report on both the prosecution and defence evidence at the James Oulton trial – but we were unable to do so as a press restriction was made halfway through the trial. This meant we could only present the prosecution evidence to our readers.”

“I believe that the order made by the Swansea Crown Court was wrong, and the court could have secured the participation of defence witnesses without a press gagging order.”

“Despite the request for the press restriction coming from Mr Oulton’s own counsel, we feel that this meant that in the eyes of the public the reporting of the case was unfair to him.”

“Although the case is over, with Mr Oulton being acquitted of all charges, it is important that courts and judges know the right way forward for future trials. There are 77 Crown Courts in England and Wales where trials of this type will crop up in the future – because of this we are asking the Royal Court of Appeal in London to decide the matter.”

WHAT HAPPENED IN COURT TODAY?

Former Haverfordwest primary school teacher James Oulton was cleared of 31 charges of sexual touching of pupils, in a case he described as ‘a witch-hunt’, on May 4.

It was not expected that the trial judge would rescind or amend her own press gagging order today, but the hearing at 10am this morning was seen by the newspaper as a steppingstone, its editor said. The matter is now expected to be heard at the Court of Appeal in London very soon.

The press restriction which The Herald is fighting had been requested by James Oulton’s legal team halfway through the trial because he felt that his defence witnesses would feel “uncomfortable” giving evidence if there was publicity about their attendance in court.

There had already been a hearing earlier in the trial by the defence barrister Christopher Clee QC to have the indictment stayed (Case thrown out for abuse of process) over an issue with witnesses, for reasons unrelated to court reporting.

James Oulton was worried that his witnesses would be reluctant to turn up and give evidence of “a good quality” if everything were being reported openly.

A statement was presented to the court with the names of eight defence witnesses – each one giving reasons why they did not want to be named in the press.

The court also had concerns about public comments on Facebook about the trial, some of which had appeared on the Pembrokeshire Herald’s page. The newspaper swiftly acted during the trial to ban public comments on news stories about the case, after being approached by the CPS.

The trial judge said that the social media posts had not impacted the jury as they were mainly from the Swansea area, whilst the newspaper’s readership was in Pembrokeshire.

HERALD ARGUES FOR PRESS FREEDOM

Barrister Matthew Paul, counsel for The Pembrokeshire Herald newspaper, said in court that “it should not be underestimated the difficult position the newspaper was put in by not being able to report on the defence part of the proceedings.”

Herald Barrister: Matthew Graham Paul (Pic: File)

He said: “The newspaper, which wanted to report on the whole case, took considerable flak over what has been seen as one-sided reporting.

“The 17,000 readers of The Pembrokeshire Herald would be wondering about the mystifying void in place of the reporting of the second part of the trial.”, he added.

The trial judge, Her Honour Judge Catherine Richards, presiding over the application to rescind or amend her own order, said she knew that “emotions had been running high in Pembrokeshire” – and even mentioned in court that the police had held a Gold Command meeting to discuss possible public disorder as the trial was taking place.

APOLOGY BY JUDGE TO HERALD JOURNALIST

Referring to an incident during the trial when a journalist had to be removed from the public gallery over concerns for her safety, Her Honour Richards said: “I am deeply concerned to hear what happened to the Herald’s reporter Ms Carli Newell.

“If I were aware of it, I would have taken steps to ensure that it would have been dealt with immediately.

“The public gallery, although a separate room [connected by video link], is part of the court room for the purposes of the trial and this was clearly unacceptable.”

“I would like to extend an apology to the reporter, and I will ensure that this never happens again.”

Documents submitted to the court explained that some of those in the public gallery had threatened the journalist with violence, been generally obstructive. It was also in evidence that the newspaper had received threatening phone calls and messages warning the newspaper not to report on the trial.

Herald court reporter Carli Newell said she was threatened with violence in Swansea Crown Court for covering the case (Pic: Herald)

In relation to the application to lift the gagging order made last month, Matthew Paul, for The Herald, questioned whether such a reporting restriction was necessary. He highlighted that press gagging orders should not be imposed “unless there is an overriding need, and no other solutions than making an order, to ensure open justice in a democratic society.”

He said: “The order was imposed for the comfort of the witnesses rather than because that there was evidence of a physical threat to them.

“Witnesses could have been put at ease, for example, by the use of screens in the court room, or by having discussions with the police about how to handle any potential abuse”.

Her Honour Judge Catherine Richards asked Mr Paul if he understood the difference between a prosecution witnesses and a defence witness and securing their attendance at court – to which Mr Paul replied he did. Mr Paul went on to explain that the court had a “battery of weapons to use against a witness who refused to attend.”

Citing case law, he then explained that the higher courts had always sided with the principle of reporting court cases openly, even when there had been difficulties these had been “got around”, he explained.

He told Swansea Crown Court: “The basis on which the order was made was incomplete and did not balance the rights of open justice, and ensuring witnesses attended court without getting hassle.  

“And it IS their comfort we are talking about – there is no threat to their lives or property – we must side with open justice.”

Mr Paul said that in making the press restriction during the trial itself, the court had effectively “promised” the witnesses that their names would be kept out of the press and that they had “attended the court on that promise.”

He therefore suggested to Her Honour Judge Catherine Richards that she may consider the second part of his application. Rather than completely rescinding the press restriction, Her Honour could make an Excepting Direction (an amendment to the original order), as a “reasonable compromise” which would keep the “witnesses names and photographs” out of the paper, he suggested, but would allow for “reporting of the rest of the defence case.”

APPLICATION REFUSED BY JUDGE

Mr Paul’s application was, after all, for “revocation of reporting restrictions OR an excepting direction pursuant to section 46 (10) and (11) of the Youth Justice and Criminal Evidence Act 1999”.

At the end of the hearing Her Honour Judge Catherine Richards said: “I do not revoke the order – it was, on the evidence necessary. On the second part of the application, I do not think that an Excepting Direction would be in the public interest, and therefore the application is refused.

Judge Richards said: when making the original order: “The Herald initially reported proceedings with a link to its Facebook page. Some of the comments added were of concern to the defence.

“Those comments required no formal action, but I am satisfied that the witnesses have expressed concern.

“One has been disciplined due to her support of the defendant. I am satisfied that the quality of their evidence is likely to be diminished, and that a restriction is necessary.”

At a previous hearing Judge Richards, who has been a Crown Court Judge since being appointed by The Queen on 27 April 2020, had said that The Pembrokeshire Herald had “rightly and properly” reported on the case.

STATEMENT FROM EDITOR

Speaking after the hearing, Herald editor Tom Sinclair said: “There are many good reasons why some evidence and some details of some cases are subject to reporting restrictions. The law makes those circumstances clear.

“We do not, however, believe that the evidence given in this case met the criteria for such a sweeping restriction.

“That is why we are taking this matter to the Court of Appeal for a definitive ruling on the issues raised by the Judge’s order.

“Court reporting fulfils a vital function. Justice must be seen to be done and reporting what happens in court makes sure it’s seen by as many people as possible.

“Being able to report only one half of proceedings, the unintended effect of HHJ Richards’ ruling, meant we could not do our job of giving our readers the whole story of a difficult and emotionally charged case.
The timing of the Defence’s application meant we had already reported the Prosecution case but were stopped from doing the same for all the evidence given on Mr Oulton’s behalf.

“It’s one thing to ignore an important case, in fact that’s very easy. That’s cowardice. It raises important questions about what else those who fail to report controversy are keeping from the public because they’re afraid to report the whole story.

“When justice takes place behind closed doors, or if it is not reported by the press, it is never seen to be done.

“And that can never be right.”

Crime

Police offer advice after 60 reports of stolen quad bikes from farms

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DYFED-POWYS POLICE is advising the rural community to make sure security measures are in place to protect quad bikes and other farm equipment, in response to a spate of thefts.

There have been over 60 reports of stolen quad bikes across the force in 2024.

Farmers and other owners of quad bikes are reminded to be vigilant of suspicious vehicles and people in their community and to report any concerns to police.

Dyfed-Powys Police has acquired 150 SelectaDNA Rural Kits to support their efforts in combating rural crime. These advanced DNA asset-marking kits will be used to offer free property marking services to farmers, helping them protect their valuable equipment and machinery.

In addition to property marking, our Rural Crime Team officers, who are also qualified Crime Prevention Tactical Advisors (CPTAC), will visit farms to conduct comprehensive crime prevention audits. These audits are designed to ensure farms have the best security measures in place to deter criminal activity and safeguard their livelihoods.

The SelectaDNA Rural Kits use a unique DNA solution that can be applied to tools, vehicles, machinery, and other valuable assets. This marking is virtually invisible but can be detected under UV light, providing an indisputable link between stolen property and its rightful owner. This has proven to be a powerful deterrent against theft and an invaluable tool in recovering stolen items.

Rural communities are often targeted by criminals due to their remote locations and the high value of farming equipment.By offering free property marking and crime prevention visits, Dyfed-Powys Police aim to empower farmers with effective tools and advice to protect their assets and reduce the risk of crime.

Sergeant Paul Roberts from our Rural Crime Team, said: “I ask that local farmers and other quad bike owners take appropriate action to minimise the opportunities of these thefts occurring. This includes removing keys from ignitions after use and locking barns or outbuildings wherever the vehicles may be kept.

“I’m aware that thefts of quad bikes and farming machinery causes disruption to farmers’ work, as well as the financial implications, and I would like to reassure the public that police are thoroughly investigating these matters.

“I encourage anyone living in rural communities to remain vigilant to this type of theft, and to report any suspicious vehicles or behaviour to police either online at: https://bit.ly/DPPContactOnline, by emailing [email protected], or by calling 101. Alternatively, contact the independent charity Crimestoppers anonymously by calling 0800 555111, or visiting crimestoppers-uk.org.”

The Rural Crime Team will be attending marts across the force, where community members can bring items such as tools, machinery, and bikes to be marked.

Farmers can also arrange a visit from our Rural Crime Team to mark equipment and conduct a security audit by emailing [email protected]

Visit our website for more information and advice about rural crime and what prevention measure you can take – https://www.dyfed-powys.police.uk/advice/advice-and-information/rc/rural-crime/

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Family pays tribute to ‘budding artist’ after tragic loss

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THE FAMILY of a 14-year-old girl who died on Friday (Nov 15) has paid tribute to a “budding artist, rugby player and social media lover.”

Seren Jenkins, from Tycroes, Ammanford, tragically passed away following a medical emergency at Ammanford Rugby Club.

In a heartfelt statement, her family said: “We as a family are devastated by the loss of Seren.

“She was a loving daughter, big and little sister.

“Seren lived her short life to the full and was a budding artist, rugby player and social media lover.

“Seren was loved by all who knew her and no doubt will also be remembered for her sense of humour.

“We would like to take this opportunity to thank the emergency services at the scene and everybody for the GoFundMe page donations for Seren, where proceeds will likely be donated to various asthma services, the Wales Air Ambulance, and a possible memorial for her friends to remember her.

“We would also like to thank people for their kind words and support at this horrific time, but would now like to ask for this time to grieve in private.”

A GoFundMe page set up in Seren’s memory has received widespread support, reflecting the community’s shock and sadness at her loss.

Seren’s family described her as someone who brought joy to all who knew her, with a zest for life and a talent for art and rugby. She leaves behind a lasting legacy of love and laughter.

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Teenager’s death not linked to bullying or social media, says coroner

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A “KIND, strong” teenager who tragically took her own life was not driven to her actions by bullying or social media, the Pembrokeshire Coroner has concluded following a five-day inquest.

Megan Evans, aged 14, was found in her home in Milford Haven on February 7, 2017. Described by her family as “a kind and beautiful soul,” Megan was remembered for her intelligence, thoughtfulness, and the love and laughter she brought to her home.

Her death prompted a significant examination of the pressures faced by teenagers today, particularly concerning bullying and the influence of social media. However, Pembrokeshire Coroner Paul Bennett stated there was no evidence to suggest these factors played a role in Megan’s death.

Coroner’s findings

Dyfed-Powys Police’s digital crime investigation unit analyzed Megan’s social media activity and found “no evidence of targeted abuse or bullying directed at Megan.” The coroner also reviewed the school’s anti-bullying measures, which included assemblies, PSE lessons, and an intranet reporting tool.

“Pupils knew what route they could take should bullying arise,” said Mr. Bennett. “That does not mean that pupils did avail themselves of those options.” He added that perceptions of bullying could vary widely, stating that “bullying to one may be banter to another.”

The inquest heard that Megan had been upset by incidents at school, including one five days before her death. However, Mr. Bennett found no link between these events and her decision to take her own life. He also ruled out other factors such as reprimands about her uniform or concerns about her father’s health as contributing to her actions.

“Megan Catherine Evans died as a result of self-suspension, having intended to take her own life. The decision to do so was not influenced by bullying or social media,” Mr. Bennett concluded.

Family’s heartbreak

Megan’s family expressed profound sadness over the coroner’s findings. Earlier in the week, they pledged to honor her legacy by continuing to fight for kindness and love.

“She is missed more than we could ever express,” they said. “She made the world a better place just by being in it.”

However, Megan’s mother, Nicola Harteveld, took to social media to voice her anger and frustration with the coroner’s conclusions.

“It’s utterly heartbreaking and beyond disgusting to see a conclusion that tries to blur the lines between bullying and banter,” she wrote. “Megan is dead—she clearly did not take it as banter. How is it acceptable to claim that such words don’t amount to targeted bullying or abuse?”

Her comments have sparked widespread support online, with many echoing her concerns. One local woman commented: “Banter—it most certainly is not. Those words kill. What has this life become when so-called professionals see no wrong in this type of behavior?” Others called for accountability, suggesting the case should be subject to judicial review.

Megan’s death sent shockwaves through the Milford Haven community. Tributes poured in after her passing, and her story became a rallying point for discussions on mental health, bullying, and the pressures faced by young people. Milford Haven School has since emphasized its commitment to creating a safe and supportive environment for pupils.

Headteacher Jane Smith said in a statement: “Megan’s death was a tragedy that deeply affected everyone at our school. We continue to work tirelessly to ensure all students feel supported and to address any concerns they may have.”

Local organizations have also stepped in, launching campaigns to promote mental health awareness and kindness. A vigil held in Megan’s memory shortly after her death drew hundreds of attendees, many of whom highlighted the urgent need for change.

Expert perspectives on bullying and banter

The distinction between bullying and banter, highlighted by the coroner, has drawn criticism from experts and advocates. Child psychologist Dr. Sarah Davies noted: “For some young people, what may seem like lighthearted jokes can have devastating emotional impacts. We must listen to their experiences and validate their feelings rather than dismissing them as misunderstandings.”

Mental health charity Mind Cymru echoed these concerns, urging schools and communities to take every report of harmful behavior seriously. “Words have power, and the way we address this issue has consequences for how young people perceive support systems around them.”

The tragedy of Megan Evans has reignited conversations about how to protect young people from harm and foster kindness both online and offline. Megan’s family remains steadfast in their commitment to honoring her memory, calling for accountability and cultural change.

“She deserved so much more,” said Nicola Harteveld. “We will continue to fight for her and for others who are struggling.”

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