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Fire service’s High Court action against HM Coroner dismissed by judge

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THE TRAGIC events of 17th September 2019 have once more surfaced in the public domain following the dismissal of an application made by the Mid and West Wales Fire & Rescue Service by the High Court.

Joshua Gardener, a promising young firefighter from the Service, met with a tragic end that day.

A training exercise on the River Cleddau, involving two boats operated by the Fire & Rescue Service, resulted in a collision that claimed Joshua’s life.

In the aftermath of the accident, the Marine Accident Investigation Branch (MAIB) undertook a detailed investigation. This culminated in a report, dated 4th November 2020, outlining various conclusions about the incident, many of which were very critical of the Fire & Rescue Service.

The Marine Accident Investigation Branch (MAIB) explained that the fatal boating collision occurred due to ‘uncoordinated manoeuvres at speed within the same water area’. It was reported that neither of the boat helmsmen recognised the looming danger until it was too late.

Firefighter Josh Gardener suffered a fatal blow to the head from one of the boats involved. The MAIB emphasised that the tragedy could have been averted had there been someone in overall charge of the training exercise.

A significant observation made by the MAIB was that neither of the boat crews was maintaining an adequate lookout.

Chris Davies, Chief Fire Officer of Mid and West Wales Fire And Rescue Service, expressed deep condolences for the loss of Firefighter Gardener and acknowledged the findings of the MAIB report.

He added that, following their internal investigations, several of the report’s recommendations have been implemented by the service since the unfortunate incident of September 17, 2019.

Despite this, with an impending inquest into Joshua Gardener’s death by the HM Acting Senior Coroner for Pembrokeshire and Carmarthenshire, disagreements arose between the Fire & Rescue Service and MAIB regarding how the report and its findings should be presented and approached during the inquest.

The Coroner’s ruling of 28th October 2022 clarified that the findings of the MAIB report concerning the accident’s cause will serve as conclusive evidence in the inquest, meaning these findings would be indisputable. Interestingly, the Coroner’s Office was not present or represented in court as it chose not to actively participate in the proceedings.

Representing the MAIB’s interests were government lawyers, ensuring their stance was clearly presented and defended.

This dispute saw significant delays, with the inquest into Gardener’s death yet to commence even nearly four years post the tragic event. The delays, whilst procedural, have had a palpable impact on the grieving family of Joshua, leaving them in search of closure.

The Fire & Rescue Service subsequently sought a judicial review of the Coroner’s decision, based on seven grounds. This brought to light several pressing issues:

  1. Report Presentation in Inquest: A significant contention revolved around how the MAIB report should be presented before the jury. The Fire & Rescue Service challenged that fairness requires them to question criticisms in the report and to give evidence in response.
  2. Fresh Investigation Consideration: The Fire & Rescue Service claimed the Coroner misapplied the criteria to determine if a fresh investigation was necessary rather than relying on the MAIB report.
  3. Misunderstanding of Applicable Law: The Fire & Rescue Service alleges that the Coroner misunderstood regulatory standards, leading to a flawed perspective on the MAIB’s investigation and report.
  4. Engagement with Submissions: The Fire & Rescue Service believed the Coroner misunderstood its submissions and failed to engage with them adequately in the Ruling. This, they argued, resulted in an incomplete and potentially skewed analysis of their challenge.

Mr Justice Eyre, after a comprehensive review of the presented facts and arguments, dismissed the application brought forth by the Mid and West Wales Fire & Rescue Service in July 2023. The judge’s decision was rooted in procedural rigour, clarity over jurisdictional matters, and understanding the scope and purpose of the inquest.

As Pembrokeshire watches on, this case serves as a sombre reminder of the tragic events of 2019, and the ongoing journey to justice and closure for the family of Joshua Gardener as they await the final inquest nearly four years later.

Josh’s funeral in Milford Haven

Crime

Rural cannabis factory exposed after five-year operation in Carmarthenshire

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Family-run drugs enterprise brought in millions before police raid during lockdown

A FAMILY who relocated from England to a remote Carmarthenshire farm ran a highly organised cannabis production operation worth millions of pounds before it was uncovered by police.

Edward McCann, aged 66, his wife Linda, aged 63, and their son Daniel, aged 41, were jailed after admitting their roles in what prosecutors described as one of the most sophisticated cannabis factories ever uncovered in Wales.

The court heard that the McCann family made over £3.5m over five years

The operation was based at Blaenllain Farm, near Whitland, where the family had moved from Portsmouth. Although the property appeared to be an ordinary agricultural holding, locals became suspicious after extensive security fencing, CCTV systems and a lack of any livestock raised questions.

Police eventually raided the site during the Covid lockdown in October 2020, discovering a large-scale drugs factory operating from a converted barn.

Inside, officers found six purpose-built growing rooms containing cannabis plants at different stages of development. Upstairs areas were being used to dry harvested plants, while ovens were used to process cannabis resin and manufacture cannabis-infused products, including chocolate bars.

Investigators later estimated that the operation had generated around £3.5 million over a five-year period.

Two men had also been recruited to help maintain the crop. Justin Liles, aged 22, from St Clears, and Jack Whittock, aged 30, from Narberth, were found working on the site at the time of the raid and were later jailed for their involvement.

Jack Whittock and Justin Liles were two worked in the cannabis factory

Edward McCann was arrested at the farmhouse, while Daniel McCann — who owned the property but was living in Hampshire — was later arrested in Portsmouth in February 2021.

During sentencing at Swansea Crown Court, the judge rejected Edward McCann’s earlier claim that the cannabis was largely for personal medical use following a leukaemia diagnosis. The court heard that electricity had been illegally drawn from the National Grid to power high-intensity lighting and ventilation systems required for large-scale cultivation.

Judge Geraint Walters said the operation had been so extensive that it was unlikely to escape notice indefinitely, noting that the unusual security measures and lack of farming activity would have drawn attention in an agricultural area.

The cannabis plants seized during the raid were valued at up to £460,000, with finished products weighing around 80 kilograms and worth as much as £1.5 million.

Edward McCann was sentenced to seven years and seven months in prison, Daniel McCann received eight and a half years, and Linda McCann was jailed for six years and seven months. Liles was sentenced to 22 months, while Whittock received two years and ten months.

At a Proceeds of Crime Act hearing, the court heard that Edward McCann had personally benefited by almost £1.8 million. He was ordered to repay £340,000 within three months or face an additional four years in prison. Daniel McCann was given the same repayment order and penalty.

Linda McCann, said to have profited by £1.45 million, was ordered to repay £335,000 or face a further three years behind bars.

The court was told that failure to pay would not cancel the financial obligations, even if additional prison sentences were served. Further hearings are continuing to determine confiscation orders for the two hired workers.

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Crime

Tenby pub encounter led to lockdown rape, court hears

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A London visitor carried out a serious sexual attack during a family holiday in Pembrokeshire

A LONDON man who raped a woman in a Tenby alleyway during the Covid lockdown period has been jailed for eight and a half years.

Nicholas Mitchell, aged 60, had travelled to the seaside town from Bromley with his daughters in May 2021, as pandemic restrictions were beginning to ease. While out drinking, he struck up a conversation with a woman in a local pub.

Later that night, the court heard, Mitchell followed her into a narrow alleyway, where he subjected her to a serious sexual assault before raping her. He then left the area, abandoning the woman in a state of shock and distress.

Police were alerted and an investigation led to Mitchell’s arrest. He denied any wrongdoing, but a jury convicted him in November of two counts of rape and one count of assault by penetration.

During sentencing at Swansea Crown Court, prosecutor Ian Wright read a victim impact statement in which the woman described the profound effect the attack had on her life. She said she became withdrawn and struggled to leave her home, describing feelings of loneliness, numbness and depression. She told the court the incident had left lasting damage and prevented her from moving forward.

Mitchell was represented by defence barrister James Hartson, who said his client continued to protest his innocence but understood the court was bound by the jury’s findings. He said character references portrayed Mitchell as supportive and hard-working, and argued the offending was entirely out of character.

The defence also drew attention to a delay of more than three years between Mitchell’s arrest and formal charging, describing it as deeply unsatisfactory for all involved.

Sentencing, Judge Huw Rees rejected any suggestion the offending was momentary or accidental. He said Mitchell had deliberately targeted the victim and carried out a violent and degrading attack before walking away without concern for her welfare.

Addressing the defendant, the judge said alcohol was no excuse, describing the assault as driven by sexual entitlement and calling Mitchell’s actions wicked.

Mitchell will serve two-thirds of his sentence in custody before being released on licence. He will remain on the sex offenders’ register for life.

The court was told Mitchell has a previous conviction for assaulting a police officer in October 2020, following an incident linked to a domestic dispute with his estranged wife.

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Crime

Ex-Scout leader jailed over historic sexual abuse of two children

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Abuse carried out in Pembrokeshire and Newport between 1997 and 2002

A MAN who abused two children while working as a Scout leader has been sentenced to prison for historic sexual offences carried out in Pembrokeshire and east Wales.

Paul Skilton, 68, of Llangwm, was convicted at Newport Crown Court of five sexual offences following a jury trial. The offences included two counts of indecency with a child and three counts of indecent assault.

The court heard that the abuse took place between 1997 and 2002, when Skilton was aged in his forties. Two children were targeted, with incidents occurring at locations in Pembrokeshire and in Newport, Gwent.

The prosecution said Skilton forced a young girl to touch his penis and then pressed himself against her. In a separate incident involving a boy, he reached inside the child’s clothing and touched his buttocks.

Prosecutor Nick Gedge read statements from both victims. The female victim said the abuse had damaged her ability to trust men. The male victim described long-term harm to his mental health and said the abuse had affected the course of his life.

Defending, Ruth Smith told the court that mitigation was limited because Skilton continued to deny the offences despite the jury’s verdict. She said he had no previous convictions and had otherwise led a law-abiding life.

Ms Smith also said Skilton had been actively involved in Scouting for many years and that no earlier allegations had been made against him. She added that his poor physical health would make custody particularly difficult.

Recorder Paul Hartley-Davies said sentencing was constrained by the law in force at the time the offences were committed.

Skilton was sentenced to a total of four years and six months in prison.

He was ordered to sign the sex offenders register and made subject to a Sexual Harm Prevention Order for ten years. Both victims were granted restraining orders preventing any contact.

Skilton was acquitted of six further charges relating to similar allegations.

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