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Firefighters want justice for Josh after leaked shock report

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A SHOCKING draft report into the circumstances of the death of a firefighter in Pembrokeshire in 2019 is firmly pointing the finger at senior management, despite two firefighters being dismissed before the conclusion of the criminal investigation.

Multiple members of Mid and West Wales Fire and Rescue Service (MAWWFRS), The Fire Brigade Union and The Fire Authority have contacted this newspaper expressing disgust and grave concerns that action has not been taken to rectify systemic failings which could ‘lead to another death in the future.’

The Herald has been investigating this matter for months, and our team has met with many sources alleging that MAWWFRS are trying to ‘brush their failings under the carpet’ to avoid accountability for their part in the death of Milford Haven Firefighter Josh Gardener. He died in a boat training exercise aged just 35-years-old, on September 17, 2019.

A hard-hitting report published by the Marine Accident Investigation Branch (MAIB) in February 2021, into the circumstances surrounding the death which was labelled ‘avoidable’ blamed “systemic, organisational and procedural failings”.

The MAIB criticised the senior management at Mid and West Wales Fire and Rescue Service, specifically highlighting Mid and West Wales Fire and Rescue Service documentation and procedures for boat operations were out of date, unclear and presented confusing safety messages to the reader.

At the time of the report, the Fire Brigade Union issued a statement on the findings. In that statement they said: “The issues identified in this report must be addressed and individual firefighters must not be blamed for systemic, organisational, and procedural failing.”

Milford Haven County Councillor, Stephen Joseph, who also sits on the Fire Authority said: “A number of firefighters past and present have raised their concerns with me over this investigation and the failings of the Fire Authority management.

Cllr Joseph who has the fire station in his ward added: “I am becoming increasingly concerned about what I am hearing and reading.

“I haven’t had the opportunity to read the complete draft FBU report however, I have been quoted sections which are quite damning.

“I am very proud to be a serving member of the Fire Authority Panel and their Health & Safety Champion. I will be demanding that the report is brought into the public domain and that those responsible for any mistakes made are held accountable, whatever position they hold.

“Josh Gardener was a friend of mine and I am unhappy about the time it is taking for things to come into the light.

“It upsets me greatly if this coming into the press again is upsetting for Josh’s family, but I feel strongly that we owe it to Josh, his family and other serving firefighters to have the incident fully and correctly investigated and for justice to be brought.”

Josh (centre) with colleagues

A former senior Fire Brigade Union representative added his thoughts on the report, he said: “Having had experience of how it is run, I would agree with the findings – it highlights the common traits exhibited by the service.”

Our sources all tell of a fear about speaking out and highlighting safety concerns. The Herald asked him what members of the service should do to highlight them, he said: “An atmosphere that exists within the service has been cultivated out of fear and intimidation.

“The Fire Brigade Union is always a good place to start to raise concerns”

He added: “A life has been lost, the service is so divorced from the top to the bottom, to those up top this is not the loss of life of one of their own like it is for those on the front line.”

SCAPEGOATS FOR MANAGEMENT FAILIURE

The fire service has terminated the employment of two Milford Haven firefighters because of Josh’s death, yet, no senior management have been held accountable. Allegations that the firefighters have been made scapegoats for failing at the top level have been made.

It is alleged that the two firefighters’ employment was terminated based on their behaviour on the day in question, but why has no one senior been held accountable for their part in the now obvious health and safety failings – which included serious breaches such as not issuing the trainees with helmets.

The Herald asked the service if they think that the sacking of two firefighters was justified based on the findings of the report, and if individual firefighters can be held accountable for their actions, why has the same not been applied to senior members of management. They have refused to comment on that point. A MAWWFRS spokesperson said only: “As investigations by external bodies remain ongoing and a date for a full inquest by the HM Coroner for Pembrokeshire has yet to be set, it would be inappropriate for us to comment further at this time”.

Multiple sources have told this newspaper that members of the service, The Fire Authority and The Fire Brigade Union have brought up the findings in the reports regularly and asked about justice for Josh in senior management meetings. The answer is: “the investigation is ongoing” and “stop asking questions!”.

Serving firefighters have told this newspaper that they will not stop asking questions and will continue to voice their concerns until justice for Josh has been served, and clear lessons have been learnt so no more lives are lost.

THEY KNEW CREWS WEREN’T COMPETENT

Since the MAIB report was published, the Herald has been given possession of a document which shows that concerns were raised by the crew at Milford Haven about their abilities to operate the ribs, just six weeks prior to Josh’s death.

In a form, presented to the Assistant Chief Fire Officer at the time, Iwan Cray, on August 7, 2019, it says: “Skill sets have eroded with regards to the large rib. Are we likely to be upskilled to be able to perform our duties within our risk area, at present we can’t?”

As per the service’s safety protocol, if crews are not competent to use any apparatus, or their qualifications are out of date, then it is pulled out of circulation until competency is regained. We asked the service, why wasn’t the rib taken off service until crews training were back to the standard that was required to operate them safely. No reply was given.

The foreknowledge of the lack of competency was mentioned within the draft report. It says: “Another example of an apparent dichotomy arises with a different ACO, who, six weeks before Josh died, was formally notified of the lack of competence in boat crew in Milford Haven.”

It added: “However, despite the extensive ignorance, MAWWFRS knew that crews were not competent.”

Rib: Craft taken away for examination (Pic MAIB)

INTERNAL INVESTIGATION

An internal investigation was launched by MAWWFRS following Josh’s death, however the officer in charge of the investigation was the same officer who the concerns were raised to about the shortcomings in the crew’s ability to operate the ribs. In another blow to the credibility of the internal investigation, our sources have confirmed that the same principal officer is also the Head of Health & Safety for the service.

The Herald has asked the fire service, based on the conflict of interest that the documents highlight, if they felt that the appropriate person was appointed to conduct said investigation. No comment from the fire service on this point either.

The draft report refers to this claim, it says: “He then became the corporate lead on the investigation into Josh’s death but perplexingly no mention was made of this ACO’s foreknowledge of the lack of competence of boat crews.”

HEALTH & SAFETY FAILURES

The Herald has been presented with significant amounts of material, which suggests that the service is dragging its heels in dealing with Josh Gardener’s death.

Between two reports, one by the MAIB and the draft report leaked to this newspaper we can now publish that the main failures which lead to Josh’s death are:

  • No risk assessments carried out
  • The operation of the boats did not adhere to the requirements of the local standard operating procedures
  • No-one was in overall charge of the training and familiarisation activities, so they were not properly managed, briefed or communicated between the crews of both boats
  • No ppe given so nobody was wearing helmets on the rib
  • Rescue 1 (the big rib) did not have the correct number of members on board to meet the minimum occupancy required to operate it
  • The standard operating procedures for all fire and rescue service boats in the Mid and West Wales Fire and Rescue Service were insufficient in content and contained incorrect information
  • Hand held radio were issued without checks
  • No lookouts were in place 
  • The Fire and Rescue Services in the United Kingdom did not operate boats to a common standard or code of practice when not employed on flood rescue duties
  • Instructors qualifications were years out of date
Funeral: Hundreds lined the streets to pay their respects (Pic M Cavaney)

CRIMINAL INVESTIGATION

The criminal investigation into the death of Josh involved multiple agencies under the Work Related Death Protocol, which has been run by Dyfed-Powys Police, MAIB, The HSE and The Maritime and Coastguard Agency.

The MAIB released a report into their findings into the death of Josh in February 2020.

Dyfed-Powys Police confirmed their involvement in the criminal investigation concluded at the end of February and their findings have been reported to The Health & Safety Executive and the Maritime & Coastguard Agency.

A Police spokesperson said: “Our investigation has concluded and been passed on to the Health and Safety Executive and Maritime and Coastguard Authority.”

A HSE spokesperson said: “Following the conclusion of Dyfed-Powys Police’s investigation, primacy for the continuing criminal investigation under the Work Related Death Protocol is joint between the Health and Safety Executive and the Maritime and Coastguard Agency.  The investigation is continuing.”

An MCA spokesperson said: “A joint investigation by the Maritime and Coastguard Agency and the Health and Safety Executive is currently ongoing. It would be inappropriate to comment at this time.”

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Withyhedge Landfill faces political allegations and regulatory enforcement

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STEPHEN CRABB MP has vociferously criticised the Welsh Labour Government for its management of the Withyhedge Landfill in Pembrokeshire, claiming it has turned the area into a “dumping ground” for waste from across Wales. Mr. Crabb, supported by Paul Davies MS, alleges that substantial lorries deliver waste daily to the site, causing significant distress to local residents. The MP has repeatedly written to the First Minister, demanding immediate intervention, yet claims to have received no response.

Compounding the controversy, Mr. Crabb highlighted a substantial £200,000 donation to Vaughan Gething’s recent election campaign from the landfill’s owner, questioning the impartiality of regulatory practices. Despite ongoing political efforts, Mr. Crabb asserts that resolution lies solely with the Welsh Government, which has the ultimate authority to address these grievances.

Meanwhile, Natural Resources Wales (NRW) has escalated its enforcement actions against the site’s operators, Resources Management UK Ltd (RML), amid persistent community complaints about odour and gas emissions. A recent Regulation 36 Enforcement Notice demands a series of remedial actions by RML, with deadlines stretching into May 2024. These measures focus on improving the site’s gas management infrastructure and capping exposed areas to mitigate odour issues.

Huwel Manley, Head of South West Operations at NRW, expressed understanding of the community’s frustration, emphasizing the urgency of the required actions. “We are committed to ensuring RML Ltd. deliver these actions rapidly and effectively. Continued non-compliance will lead to further measures, potentially including a suspension of the environmental permit,” stated Mr. Manley.

Pembrokeshire County Council, represented by Chief Executive Will Bramble, also voiced disappointment over the ongoing issues, affirming full support for NRW’s stringent enforcement steps. The Council and NRW are working closely to monitor the situation and have encouraged the public to report any odour incidents promptly to aid in effective resolution.

As the deadline approaches, all parties involved are under increasing pressure to demonstrate tangible improvements and ensure the health and well-being of Pembrokeshire residents are prioritised.

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Police issue update on the search for Luke, missing from Pembroke Dock

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POLICE have made the difficult decision to end the search for Luke, following a joint decision by all the agencies involved.

The police said: “After careful consideration of all the information and expert advice that has been made available to us, a joint decision has been made by all agencies involved that the search for Luke will now conclude and will consist of intelligence led enquiries in the coming days.

“Whilst this is an extremely difficult decision to make, we are satisfied that we have done absolutely everything we possibly can to try and locate Luke. His family have been informed of this decision and our thoughts remain with them at this difficult time.

“I would also like to reassure the public that in addition to the searches that have taken place at the estuary, a team of Police Officers have been conducting extensive enquiries in Pembroke Dock since Luke was reported missing.”

Meanwhile the family has made a heartfelt plea for any information that might help trace his last known movements.

Emma Dewhurst has issued an urgent appeal for information that could help track her nephew Luke’s whereabouts, last seen in the early hours of Saturday morning. Describing Luke as “jovial, kind, soft, and timid,” she reflects on his vibrant personality and gentle nature, noting his resilience and determination to push forward in life. “He is strong. He didn’t give up easily and kept going in his life,” she affirmed.

The family is reeling from the shock of Luke’s sudden disappearance. “We are all so shocked and upset,” Emma stated. “It’s profoundly distressing.”

In an effort to find Luke, his father has made the long journey from the north of England to Pembrokeshire. The emotional toll is evident, as Emma revealed, “His dad is devastated, and my mum [his grandmother] is in pieces.”

Luke was last recorded by CCTV at 6am, four hours after he left his accommodation. Emma is desperately calling on residents to review their CCTV or doorbell footage, hoping for any clue that might explain his movements during those critical missing hours. “Where has he been in that four hours?” Emma implored. “We need to fill these gaps to piece together the facts.”

She recalls Luke’s last day before he vanished, spent with his mother, ending with future plans unfulfilled. “It isn’t in his nature to just disappear,” she said. “We can’t give up. We all love him, miss him, and want him back safely.”

Emma also expressed a poignant message for Luke, should he be out there, feeling unable to come home: “If you don’t want to come home, at least reach out to someone. Let us know you are okay. That’s what my brother would want.”

If you have any information on Luke’s last known whereabouts, please contact Dyfed-Powys Police at 101, email [email protected], or reach out online at https://orlo.uk/RlB5o. For those wishing to remain anonymous, you can contact the charity Missing People at www.missingpeople.org.uk.

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Labour promises ‘most significant investment in Britain’s ports in a generation’

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LABOUR has said this week that it will “Build it in Britain” with the most significant investment in Britain’s ports in a generation, as part of Green Prosperity Plan to support the creation of 650,000 good jobs across the country.

A Labour Government will “Build it in Britain” Keir Starmer said on Thursday, as he visited the North East of England to highlight Labour’s plans to deliver the most significant upgrade of Britain’s ports in a generation. 

Visiting a port in the North East, Labour Leader Keir Starmer, Shadow Chancellor Rachel Reeves, and Shadow Energy Secretary Ed Miliband will set out how Labour’s £1.8 billion investment in Britain’s port infrastructure will help crowd billions more of private sector investment into the UK’s energy industry.

Labour’s announcement comes after Jo Stevens, Shadow Secretary of State for Wales, visited the Port of Milford Haven in Pembrokeshire last month alongside with Henry Tufnell, Labour’s parliamentary candidate for Mid and South Pembrokeshire, to learn more about the port’s operations and challenges.

After the visit, Shadow Welsh Secretary Jo Stevens said: “Upgrading our ports, like this one here in Milford Haven, can help us seize the golden opportunity we have to become a world leader renewable energy, delivering cheaper bills and the jobs of the future.
 
“But the Conservative government is holding Wales back, with narrow-minded, poorly run investment schemes that leave us lagging behind international competitors.
 
“A UK Labour government will switch on GB Energy to invest in projects that can secure our lead in floating offshore wind, unlocking the jobs and investment that the Tories have left to languish.”

Henry Tufnell, Labour’s candidate in this year’s General Election, added: “Pembrokeshire’s first Labour MP, Desmond Donnelly, was instrumental in the creation of the Port of Milford Haven, transforming Pembrokeshire’s economic fortunes. Today, as in the 1950s, we face a crossroads. We must put our county at the forefront of a new Labour Government’s industrial strategy to build it in Britain.

Labour’s Green Prosperity Plan will secure our energy supply, develop industry, and create good well paid jobs right here in our county. We don’t want the young people of Pembrokeshire to feel they must leave their home county to get on in life. We want to provide opportunity here, and we want to provide it now.”

Labour’s plan for ports will help reverse fourteen years of industrial decline under the Conservatives and support domestic manufacturing across the country. The pledge is funded through Labour’s Green Prosperity Plan, which includes a proper windfall tax on the oil and gas giants making record profits, to fund investment in British industries.Keir Starmer’s announcement comes as Labour confirms that its Green Prosperity Plan will help support the creation of up to 650,000 good jobs in Britain’s industrial heartlands, including here in Pembrokeshire, by crowding billions of private investment into industries such as Britain’s nuclear, steel, automotive, and construction industries. 

The last Labour government led the way on upgrading Britain’s ports, providing funding for the development of port sites to support offshore wind turbine manufacturing. This industrial advantage has been squandered after fourteen years of the Conservatives, with recent research showing the UK could have created almost 100,000 more jobs in the wind industry if it had followed Denmark’s example in recent years and built up domestic supply chains in clean energy.

Speaking ahead of the visit, Labour Leader Keir Starmer outlined the choice facing millions of voters: continued industrial decline after 14 years of Conservative rule, or national economic renewal with Labour, saying:“The legacy of fourteen years of Conservative rule is Britain’s industrial strength reduced to the rubble and rust of closed-down factories. They have let good jobs go overseas and done nothing about it, and every community has paid the price. 

“A Labour government will reindustrialise Britain – from the biggest investment in our ports in a generation, to a British Jobs Bonus to crowd billions of investment into our industrial heartlands and coastal communities.“

The wealth of Britain was once built on a bedrock of industrial jobs that offered security and a good wage. By investing in Britain’s homegrown energy sector, we can rebuild this dream for the twenty-first century- good jobs, higher wages, and the pride that comes from good work for all.”Through policies such as Great British Energy, the National Wealth Fund, and the mission for Clean Power by 2030, a Labour government will invest in technologies like floating offshore wind, hydrogen, nuclear, and carbon capture and storage, which will help secure Britain’s energy independence.

This will create a new generation of skilled jobs in growing industries, which will offer people good wages, give confidence in their job security, and provide them with opportunities to progress. This policy is part of Labour’s Green Prosperity Plan, to cut energy bills for families, make Britain energy independent, and rebuild the strength of British industry.

This historic investment in working people and their communities is the only way out of the high energy bills, energy insecurity, and the doom loop of low growth, high taxes and crumbling public services under Rishi Sunak’s Conservatives.Commenting on Labour’s landmark plan to invest in Britain’s port infrastructure, Shadow Energy Secretary Ed Miliband MP said: “Making Britain a clean energy superpower requires flourishing national ports. Whilst the Conservatives are letting other countries plunder jobs that could be ours here in Britain, Labour has a plan to help win the race for the industries of the future.“

This is what Labour’s Green Prosperity Plan will do for every community in Britain – slash energy bills, create good jobs, boost our national energy independence, and help to tackle the climate crisis.”

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