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Port changed website as Mustang collapsed

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tradingNEW DETAILS have emerged this week showing how Milford Haven Port Authority rewrote its website deleting the key words ‘Trading Subsidiaries’ as controversial boat building firm Mustang Marine, collapsed.

 In recent weeks Alec Don, Chief Executive of MHPA has been insisting that Mustang was never a trading subsidiary, and that the port should not have to pay back hundreds of thousands of pounds to local firms who were not paid as the firm went into administration. Alec Don told port stakeholders at the annual consultative meeting last month that the port had a “responsibility but not a legal liability” to Mustangs creditors. He later added: “I bitterly regret that Mustang went down. We lost £2.7m” The extraordinary on-line revelation, is clear evidence that the Authority was advertising Mustang as a subsidiary – a signal to suppliers that giving a credit line to Mustang was rock solid. The news ties in with what creditors of Mustang Marine have been saying – that the port does have a legal responsibility to pay debts owed. Simon Hart MP told The Herald: “The key question for all those local firms owed money is whether Mustang was a “trading subsidiary” of the Port Authority. The fact that the website has been ‘adjusted’ is a cause of great concern. I will be raising this, and other issues, with Stephen Hammond the Minister very soon.” His views were echoed by Stephen Crabb MP, who said when on a visit to Milford Haven Coastguard Station yesterday: “There is no doubt that as Mustang collapsed the Port Authority did everything they did to distance themselves from Mustang’s debts. When I got calls about Mustang it was always from Alec Don – the Port Authority.” On its official website, in late August 2013, the Authority wrote: “The Port of Milford Haven Group includes the following Trading Subsidiaries” and “The Port of Milford Haven merged its ship repair business, Milford Haven Ship Repairers with international boat builders, Mustang Marine, early in 2012. The deal included the substantial investment of new capital to finance growth plans of the enlarged business. With the specific objectives if shortening new-build delivery times, and providing station of the art fabrication facilities in Pembroke Dock.” However, as Mustang was collapsing, the website was quietly updated. The words ‘Trading Subsidiaries’ was replaced with ‘Associate Companies’. The sub-headline was also similarly replaced and an introductory paragraph about Mustang the following final sentence was added: “Mustang Marine is 50% owned by the Port of Milford Haven, with management responsibilities remaining with Mustang’s own team.” Speaking two weeks ago Simon Hart MP told the Herald: “I understand that Alec Don and Andrew Jones were the directors who signed off Mustang Marine’s accounts for 2012, which correctly stated under accounting guidelines that the company was a subsidiary of MHPA. It is for this reason that I find Alec Don’s comments that he cannot account for the different terminology used by the respective auditors of the Port Authority and Mustang Marine confusing.” The Port Authority will now have to explain why these differences also made it onto their official website. The Pembrokeshire Herald contacted Milford Haven Port Authority for a comment. Alec Don said “A reference in the MHPA annual report to Mustang as a subsidiary was actually a mistake, and was not meant in the true legal sense. This is also the same situation for the website.”

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Welsh Government outlines new rights for homeowners facing estate management charges

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HOMEOWNERS living on privately managed estates in Wales are set to gain new legal protections under changes being introduced as part of the Leasehold and Freehold Reform Act 2024, the Welsh Government has said.

In a written statement published on Thursday (Dec 18), the Cabinet Secretary for Housing and Local Government, Jayne Bryant MS, provided an update on how the legislation will be implemented in Wales, with a particular focus on estate management charges paid by freehold homeowners.

Until now, homeowners on privately managed estates have often faced unclear or high bills for maintenance and services, with limited ability to obtain information or challenge costs. Once fully implemented, Part 5 of the Act is intended to address those concerns.

New powers for homeowners

Under the reforms, homeowners will be given the right to challenge the reasonableness of estate management charges for the first time. Estate managers will also be required to provide clearer information about the services being paid for through those charges.

In cases where estate management has failed, homeowners will be able to apply to a tribunal for a substitute manager to be appointed. The Act will also require estate managers to publish details of any administration charges in advance, where payment is expected.

Jayne Bryant said the changes would bring “significant new rights and protections” for homeowners affected by estate management fees.

Welsh and UK consultations

Responsibility for introducing the necessary secondary legislation is shared between the Welsh and UK Governments. While many of the powers rest with UK Ministers, Welsh Ministers are responsible for rules relating to the publication of administration charges in Wales.

The Welsh Government has confirmed it is working alongside UK counterparts to ensure both consultations are launched at the same time, allowing homeowners and stakeholders to consider the full set of proposals together.

Homeowners are being encouraged to respond to both the Welsh Government consultation on administration charges and the UK Government consultation on the wider estate management regime.

The consultations are now open and form part of the process to bring the new protections into force.

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Flood warnings issued across Wales as heavy rain raises river levels

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FLOOD warnings and alerts have been issued across large parts of Wales as persistent heavy rain causes river levels to rise, with parts of the country facing an increased risk of flooding on Thursday (Dec 18).

Natural Resources Wales (NRW) has confirmed that four flood warnings are currently in place, meaning immediate action is required, while a further 16 flood alerts have been issued where flooding is possible.

A yellow weather warning for rain has been issued by the Met Office, covering much of Wales from 10:00am on Thursday until 7:00pm, with disruption expected in some areas.

NRW said the warnings follow prolonged wet weather, with further heavy rainfall forecast to move across the country during the day.

The Met Office said: “An area of heavy rain will move northeast across the warning area during Thursday morning and afternoon before clearing to the east through the evening.

“Given recent very wet weather, there is potential for some disruption to travel and possible flooding.

“Much of the warning area will see 15–25mm of rain but some places could see 40–50mm, with the highest totals falling over high ground of south Wales.”

Forecasters have also warned that strong winds could worsen conditions, particularly along the coast.

“There is a chance of 60–70mph gusts along the exposed south coast, and perhaps 40–50mph some way inland,” the Met Office added.

Flood warnings in force

NRW has confirmed flood warnings are currently active at the following locations:

  • River Towy at Carmarthen Quay, Carmarthen
  • River Ritec at Tenby
  • River Towy affecting isolated properties between Llandeilo and Abergwili
  • River Rhyd Hir at Riverside Terrace, Pwllheli

Residents in these areas are being urged to take immediate action to protect property and personal safety.

Flood alerts issued

In addition, flood alerts — meaning flooding is possible — have been issued for the Lower Severn catchment in Powys, along with other areas shown on NRW’s live flood monitoring maps.

NRW is advising people to remain vigilant, avoid flooded roads and footpaths, and keep up to date with the latest forecasts and warnings.

The Herald understands that river levels will continue to be closely monitored throughout the day as rainfall moves through Wales.

Members of the public can check the latest flood warnings and alerts on the Natural Resources Wales website or by signing up for flood alerts direct to their phone.

Flood alerts and warnings across Wales on Thursday (Pic: NRW).

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Crime

Jury discharged after failing to reach verdict in historic abuse trial

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CPS have a week do decide if they wish to pursue a re-trial, judge confirms

THE JURY has been discharged in the trial of a Milford Haven man accused of historic child sex offences after telling the court it was unable to reach a verdict, even by majority.

Thomas Kirk, aged 50, of Meyler Crescent, Milford Haven, is charged with the oral rape and sexual assault of a child, with the offences alleged to have taken place in Pembrokeshire between 2007 and 2009, when the complainant was aged between thirteen and fifteen. He denies the charges.

On Thursday (Dec 18), the jury returned to Swansea Crown Court and was asked whether it had reached a verdict on either count upon which at least ten jurors were agreed.

The foreman replied: “No.”

Judge Paul Thomas KC then asked whether there was any realistic likelihood that further deliberations would lead to a verdict being reached.

The foreman replied: “No, your honour.”

Judge Thomas KC said that in those circumstances he would discharge the jury and give the prosecution seven days to decide whether it would seek a retrial.

Addressing the jurors, the judge said they should not think they had failed or let anyone down.

“These things happen,” he said. “It’s one of the strengths of the jury system that people hold different views.”

He thanked the jury for their service and wished them a Merry Christmas and Happy New Year.

The court heard that the prosecution will now consider its position, with a further hearing expected next week to determine whether a retrial will take place.

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