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Herald lodges application to overturn reporting restriction at the Court of Appeal

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THE PEMBROKESHIRE HERALD has applied to the Court of Appeal to overturn the press gagging order which prevented the defence evidence in the James Oulton case.

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.

But the Herald faced criticism that it reported on the prosecution side of the case, but was not able to report on the defence – because a gagging order was made half way through the trial.

Balanced reporting was therefore not legally possible.

The BBC made representations at the time of the press restrictions being imposed, objecting on the grounds of freedom of the press. The Herald sent a barrister to court to object in the strongest terms, but the order was made nevertheless.

More on the hearing at Swansea Crown Court here:

On Friday, May 21 The Pembrokeshire Herald sent counsel to Swansea Crown Court to ask the trial judge to overturn or amend her order, which was still in place after the trial. Her Honour Judge Catherine Richards refused.

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.”

Herald editor Tom Sinclair said he understands that 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”, he said.

He added: “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

Carmarthen man admits takeaway burglaries

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Phillip Roberts stole cash from USA Chicken and returned the following day with intent to steal

A CARMARTHEN man has admitted a string of burglaries at the same takeaway business on consecutive days.

Phillip Roberts, 44, of Brewery Road, Carmarthen, appeared before Llanelli Magistrates’ Court after pleading guilty to three offences connected to USA Chicken on Blue Street.

The court heard that on June 4, Roberts entered the premises as a trespasser and stole a tip jar containing cash. He also admitted a second burglary at the same business on the same date, during which £50 cash was stolen.

A further offence took place on June 5, when Roberts entered USA Chicken as a trespasser with intent to steal.

Magistrates adjourned sentence for the preparation of a pre-sentence report. The report will consider all sentencing options, including possible committal to the Crown Court.

Roberts was granted conditional bail. He must not enter USA Chicken, Blue Street, and must not contact Mustafa Baksi, either directly or indirectly.

He is due to return to Llanelli Magistrates’ Court on July 1 for sentence.

 

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Health

Welsh Ambulance Service urges public to ‘choose wisely’ as pressures continue

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THE WELSH AMBULANCE SERVICE has issued a fresh appeal to the public following the declaration of a critical incident on Friday (June 26), as exceptionally high demand continues to place pressure on crews across Wales.

In a social media post published today (Saturday, June 27), the Trust warned that hot weather is contributing to a rise in ambulance call-outs, including incidents involving heat-related illness, falls, breathing difficulties and existing medical conditions worsened by the heat.

The message comes less than 24 hours after the service declared a critical incident amid unprecedented demand, with ambulance resources stretched across Wales.

The Trust is urging people to call 999 only for serious or life-threatening emergencies, contact NHS 111 Wales for urgent health advice, and use local pharmacies for minor illnesses and ailments.

It said choosing the right service can help ambulance crews reach the sickest patients more quickly while pressures remain high.

 

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Crime

Six arrested after immigration raids at Florentino’s restaurants

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SIX people have been arrested following Immigration Enforcement raids at Florentino’s Italian restaurants in Tenby and Carmarthen.

Officers visited the Tenby branch in St Julian’s Street on June 18, where two Romanian nationals were identified as allegedly having no right to work in the UK. Both were arrested on suspicion of illegal working.

The Tenby operation followed an earlier raid at Florentino’s in Carmarthen in February, where four workers — two Romanian nationals, a Bangladeshi national and a Mongolian national — were also arrested on suspicion of illegal working.

Florentino’s in Tenby

The Herald previously reported in March that the Carmarthen restaurant had been linked to a major HMRC case, after Claudio Cernat Ltd, formerly trading as Florentino’s on Jacksons Lane, was listed over a £278,000 deliberate tax underpayment and a further £186,000 penalty.

Immigration officials say inquiries are now under way to establish who may be liable for employing the individuals. Employers found to have breached illegal working rules can face civil penalties of up to £60,000 per worker.

One of the Tenby workers has already returned, while the other is in the process of returning. Of the Carmarthen workers, two have returned, one was placed on immigration bail and another was de-arrested with a warning.

Immigration Enforcement Lead for Wales, Richard Johnson, said: “I want to thank my officers who showed the highest levels of professionalism under challenging circumstances on these operations.

“Immigration Enforcement teams in Wales continue to work round the clock to ensure businesses play by the rules and those with no right to be in the UK are tracked down and returned at the earliest opportunity.”

The Home Office says illegal working enforcement has increased significantly since July 2024, with raids and arrests rising across the UK and Wales.

No finding has yet been made against the restaurant operators in relation to the latest arrests.

Florentino’s has been approached for comment.

 

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