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News

Expert says Lola’s eye injuries suggest abusive head trauma

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LOLA’S eye injuries are indicative of abusive head trauma, the first medical expert to take to the witness stand told Swansea Crown Court on Friday (Mar 10).

Dr Ian Simmons, Consultant paediatric ophthalmologist gave his opinion on the findings in his report into the retina injuries sustained by the toddler.

Dr Simmons has been an expert in the field since 1999 and has contributed to major studies and literature looking into retinal findings in non-abusive head trauma and abusive head trauma.

Including reviewing and contributing to a review into differential retinal injuries in abusive vs non-abusive head traumas in September 2020.

Swansea Crown Court heard how Lola had multiple haemorrhages in both her right and left eye, which also was evident in all four quadrants; during medical examinations, eyes are split into quarters and referred to as quadrants to locate any significant anomaly.

The injuries were detected through a range of diagnostic methods, including visual, 2d scans, retcams (3d) and the findings during the course of a post-mortem.

These included two large macular haemorrhages to the right eye which were present in all four quadrants, along with multiple other haemorrhages, noted there were too numerous to count.

The court heard how Lola’s left eye had a massive dic haemorrages along with others in all four quardants and macular changes due to retinal splitting. There was also bleeding to the oribital and optical nerve in both eyes.

Dr Simmons went on to say how bi-lateral retinal heamoraghes; those affecting both eyes, are highly indicative of an abusive head trauma as opposed to accidental.

He went on to say that injuries of the retina, such as those sustained by Lola are usually present in children who have sustained a very significant crush injury or a fall from a height such as a house window.

The court heard how the presence of macular folds is more prevalent in an abusive head trauma injury by the tenfold.

Dr Simmons confirmed that before compile his expert opinion report he was privy to reports from all medical professionals who treated Lola, including reports and scans, the autopsy report, police statements and photographs of the family home namely the stairs the defence claim Lola fell down.

The court heard that Dr Simmons bore no knowledge of a child presenting with optical nerve sheath haemorrhages in both eyes ever being presented in an accidental head trauma.

The court heard how Dr Simmons had gone through an extensive exclusion procedure and ruled out any underlying diseases, or anything within the statements from the police that would suggest anything other than abusive head trauma would cause the injuries.

Bevan’s Barrister, John Hipkins KC brought to the court’s attention a case study from 2013, by Dr Adams, another paediatric ophthalmologist, in which a child had a fatal fall down 10 steps, with multiple impacts and noted that the injuries received by that child were similar to that of Lola’s.

He explained that this was a witnessed accidental fall and the injuries were received as a result of accidental head trauma.

Dr Simmons went on to clarify that although those injuries bore a ‘striking resemblance’ to this case, that child did not present with peri-macular folding and sheath haemorrhages that Lola did, and those indicate it is more likely in this case as a result of an abusive head trauma.

In his report Dr Simmons said: “With a combination of extensive bilateral retinal bleeding in all four quadrants affecting multiple layers in both eyes with possible retinal splitting along with evidence of left per-macular retinal fold and presence of bilateral optic nerve sheath haemorrhages, that combination pointed towards abusive head trauma rather than an accidental fall down the stairs.

“Highly unlikely the above combination would have been caused by falling down 10 carpeted stairs.”

Dr Simmons suggested that based on the other injuries Lola had and reading the medical reports it points towards abusive head injury from that such as violent shaking with a possible form of impact.

John Hipkin KC, went on to question Dr Simmon on the language used in his report stating it was all based on medical science which meant they were left to deal with “likelihoods instead of certainties”.

Dr Simmons explained that medical science is not definitive, but certain retinal injuries are highly suggestive towards abusive head trauma based on medical evidence from data collection.

Mr Hipkin KC went on to ask if Dr Simmon had been given Bevan’s statement of his account of the accident, which he confirmed was received and had used that evidence to make his conclusion.

Suggesting that shaking could have been part of Bevans attempts to wake the tot.

However Mr Hipkin went on to say that Bevan’s statement was not included on Dr Simmons summary of evidence documents used to support his claims.

Dr Simmons could not recall whether he had simply forgotten to include them or whether they were together with another set of reports in a bundle which is included on the summary of evidence on the report.

James’ Barrister Mr Elias did not cross examine the witness.

The next medical expert witness is due to take the stand on Monday.

The case was adjourned and will continue on Monday, March 13 at 10am.

News

Delays to Wales’ tribunal system ‘deeply troubling’

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SENEDD Members urged ministers to press ahead with urgently needed reforms of the Welsh tribunal system or risk leaving the courts unable to cope with demand.

Adam Price, Plaid Cymru’s shadow justice minister, warned the clock is ticking on the Welsh Government’s proposals to modernise and unify Wales’ tribunal system.

The proposals followed 2021 recommendations for reform from the Law Commission, which warned the devolved tribunals evolved haphazardly and “it is difficult to call them a ‘system’”.

But, with only a year to go until the next Senedd election, the Welsh Government has rejected calls to commit to bringing forward a tribunal bill before the end of term.

Mr Price, whose partner is a judge in the non-devolved tribunal system, described ministers’ refusal to commit to the “absolutely crucial” legislation as deeply troubling.

“We need this legislation now,” he said. “It’s essential to resolve the significant operational, financial and administrative challenges facing Welsh tribunals today.

“Delaying this essential legislation is not prudent governance. It’s negligence, actually.

“It risks leaving our tribunals unable to cope with current demands, let alone future responsibilities, such as youth justice or education appeals. It weakens Wales’ justice infrastructure and compromises our commitment to fair and accessible justice.”

Contributing to a debate on the Welsh tribunal president’s annual report, Mr Price called for full transparency around plans to devolve further parts of the justice system to Wales.

He said: “Anything less, in our view, would be an abdication of responsibility – leaving Wales’ justice system underserved, undervalued and ill-prepared for the challenges ahead.”

Labour’s Mike Hedges, who chairs the Senedd’s justice committee, similarly stressed the importance of introducing legislation on tribunals as soon as possible.

Labour MS Mike Hedges
Labour MS Mike Hedges

The Tories’ Paul Davies echoed this position. He also raised concerns about training, with the judicial college having no remit to train devolved tribunal members.

“My concern is this mirrors slow progress with the reform of the Welsh tribunals,” he said.

He added that use of the Welsh language remains low in the legal system.

Mr ab Owen warned: “If it doesn’t happen before the 2026 election, there is no guarantee that it will happen at all. I think it’s quite something how strongly in favour the president of the Welsh tribunals was for reform in his report – that cannot be ignored.”

Responding to the debate on March 11, Julie James said the First Minister will make a statement on the Welsh Government’s legislative plans shortly after Easter.

Julie James MS, counsel general designate and minister for delivery
Julie James MS, counsel general and minister for delivery

Ms James, who is counsel general, the Welsh Government’s chief legal adviser, said: “We’re still fully committed to reforming the devolved tribunals.

“But I’m not in a position to say yet whether the tribunals Bill will make it into that programme. There is much competition for space in year five.”

Ms James told the Senedd the Welsh tribunals budget has increased from £4.1m to £6m.

“That’s a real commitment to making sure our tribunals have the resources they need,” she said. “We’ve reinstated pay parity for tribunal members, with an 8% uplift, bringing their pay in line with those in the reserved system.”

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Business

TerraQuest to provide planning portal services across Wales

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TERRAQUEST will take over the provision of its Planning Portal service for planning applications across Wales starting 31 March 2025, following a new agreement with the Welsh Government.

The Planning Portal, already in use for over 97% of planning applications in England, will allow Welsh applicants to submit planning applications and receive essential updates regarding sites in Wales.

The service will be fully bilingual, offering both Welsh and English language options. Existing users of Planning Applications Wales will retain their accounts and can easily transfer to the new system.

Applicants will benefit from enhanced services, including standardised payment options across all 25 Welsh authorities, which will streamline the submission process and reduce invalid applications.

Additionally, the Planning Portal will feature a built-in location plan tool, capable of generating compliant plans, capturing spatial data, and transferring it digitally to Welsh authorities—reducing the need for third-party tools.

The new portal will also offer developers working in both England and Wales a consistent experience across both countries.

Plans are in place to add more features, such as integration with building control applications, ensuring a comprehensive service from a single platform.

Rebecca Evans, Cabinet Secretary for Economy, Energy and Planning, said: “We are committed to streamlining the planning process in Wales and speeding up decision-making on key projects. This seamless transition to a trusted partner will help ensure consistency and efficiency, benefiting both applicants and the planning process.”

Geoff Keal, CEO of TerraQuest, said: “We are excited to deliver both a smooth transition and an improved experience for users. The Planning Portal is a proven tool that has successfully supported thousands of applicants in keeping track of their applications. We look forward to working closely with the Welsh Government and welcoming new users in Wales.”

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Climate

Kurtz Champions green energy at Empower Cymru 2025 conference

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SAMUEL KURTZ Member of the Senedd for Carmarthen West and South Pembrokeshire, delivered the closing address at the Empower Cymru 2025 conference this week.

The event, held at Techniquest in Cardiff, brought together industry professionals from wind and solar energy, oil and gas, education providers, and other key stakeholders to discuss the future of Wales’ energy sector.

Closing the conference, the Shadow Cabinet Secretary for Economy and Energy highlighted the prosperity that energy production can bring to communities that have long felt left behind.

He reaffirmed his commitment to advocating for pragmatic policies that encourage investment in renewable energy, including hydrogen production and carbon captur, while being realistic about Wales’ need for oil and gas for the foreseeable future.

Speaking after the event, he said: “It was fantastic to see so many people from across the energy sector come together to discuss Wales’ future. We have talked at length about our country’s incredible potential for renewables, thanks in part to our extensive coastline and access to the Celtic Sea, but now is the time for action.

“If we can demonstrate that Wales is open for business, we can attract investment in infrastructure and education, ensuring secure energy supplies, creating green jobs, and generating prosperity for our local communities.

“For too long, industrial decline has led to fewer job opportunities and economic stagnation in parts of Wales. By embracing energy production, we have the chance to reverse that trend, revitalise our economy, and safeguard our economic and energy security during these turbulent times.”

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