Connect with us
Advertisement
Advertisement

News

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

Published

on

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

News

Community projects celebrate their UK Government funding successes

Published

on

A CELEBRATION event brought together 25 community projects that have benefited from more than £1.3million in UK Shared Prosperity Funding in Pembrokeshire.

Pembrokeshire County Council facilitated the development programme for third sector organisations and social enterprises which covered three intervention areas across the County – capital projects, green infrastructure and social action.

The diverse range of projects including community facilities, youth projects, growing sites, environmental awareness action, pet therapy, museums and more.

Project leads came together at HaverHub, Haverfordwest on January 22nd to celebrate and discuss the outcomes of their work, with the majority having exceeded targets with some breath-taking achievements highlighted.

Some key successes already evidenced include the improvement or creation of around 25,764m² of publicly accessible spaces, 934 community events or activities supported and 2228 volunteering opportunities created/ supported, with final reports still to be submitted.

SPF Communities Coordinator Heidi Holland said: “This network of organisations has strengthened and benefited from opportunities to come together, visit other projects, share good practice and willingness to develop collaborative approaches as a legacy moving forward to impact on future generations.”

Among those at the event were Cilrath Acre, Sandy Bear, Cleddau Project, Milford Haven Maritime and Heritage Museum, West Wales Rivers Trust, Point – Fishguard and Goodwick Youth Project and Menter Iaith Sir Benfro.

Cllr Paul Miller, Cabinet Member (SPF Lead), said: “It was great to see such a wide range of projects, from right across Pembrokeshire, who have benefited from the SPF Communities Funding. SPF funding will re-launch in April 2025 and we look forward to being able to support more organisations across the county delivering meaningful improvements in their communities.”

Continue Reading

News

Grandmother jailed for killing baby girl in Withybush Hospital crash

Published

on

A GRANDMOTHER has been sentenced to four years in prison for causing the death of eight-month-old Mabli Cariad Hall in a tragic crash outside Withybush Hospital, Haverfordwest.

Bridget Carole Curtis, 71, of Begelly, appeared at Swansea Crown Court, where she admitted to causing death by dangerous driving. She was also banned from driving for eight years and must pass an extended test to regain her licence.

Tragic: Baby Mabli Cariad Hall died in 2023 after being hit by a car driven by Bridget Curtis (Image: DPP/WNS)

The devastating incident occurred on June 21, 2023, when Curtis’s white BMW struck Mabli’s pram at the hospital entrance. The baby, described as “bright” and “beautiful,” suffered severe traumatic brain injuries. Despite being airlifted to the University Hospital of Wales in Cardiff and later transferred to Bristol Royal Hospital for Children, Mabli passed away four days later, on June 25.

The court heard that Curtis had been searching for her handbag on the rear seat while the engine was running. Dash cam footage showed her car mounting a kerb and traveling 28 metres at a top speed of 29mph, hitting a tree after striking the pram. Data revealed the throttle was fully open for four-and-a-half seconds, with no brakes applied.

A family shattered

Flowers at the scene of the accident (Image: BBC)

Mabli’s father, Rob Hall, sustained injuries in the crash, which occurred as the family visited the hospital to say their goodbyes to Mr Hall’s mother, who was receiving palliative care. The court heard a heart-wrenching victim impact statement from Mabli’s mother, Gwen Hall, who said: “I don’t know who I am anymore… my heart breaks constantly.” She described watching helplessly as her baby died in her arms.

Mr Hall said Curtis’s actions had “ripped my baby out of my hands,” adding he has replayed the horrific moment “over and over again.”

‘Grossly reckless’ actions

Swansea Crown court where the case was heard (Image: BBC)

Judge Geraint Walters described Curtis’s driving as “grossly reckless,” emphasizing the devastating and irreversible consequences. “Mabli died senselessly and needlessly, and her death has changed lives forever,” he said.

Prosecutor Craig Jones told the court there was no evidence Curtis had suffered a medical episode, but rather what was described as a panic attack. The court heard she was previously of good character, with a clean driving record.

Curtis, who voluntarily surrendered her licence after the crash, expressed deep remorse in a letter read to the court. “I am so deeply sorry,” she wrote. “The sadness and grief will be with me ’til my dying day.”

Her defence barrister, John Dye, said Curtis now suffers from PTSD and depression, with frequent flashbacks of the incident.

In sentencing, Judge Walters acknowledged that Curtis had not intended harm but underscored the gravity of her actions. “You are responsible for the life-changing devastation,” he concluded.

Continue Reading

Crime

Farmer cleared of restraining order breach at Haverfordwest court

Published

on

A PEMBROKESHIRE man has been found not guilty of breaching a restraining order after being accused of referencing a protected individual in a Facebook post.

Philip Stoddart, 58, of Monkhill Farm, St Ishmaels, appeared at Haverfordwest Magistrates’ Court on Monday (Jan 20) to face the charge. The prosecution, led by Ann Griffiths on behalf of the crown, alleged that between December 4 and December 13, 2023, Stoddart made a Facebook post that, by inference, referred to a person he was prohibited from contacting under a restraining order imposed by Swansea Crown Court on April 16, 2021.

The restraining order, issued under Section 360 of the Sentencing Act 2020, barred Stoddart from making any form of contact with her.

Prosecutors argued that the Facebook post constituted a breach of the order, contrary to Section 363 of the same act.

Stoddart denied the allegations and entered a not guilty plea during a prior hearing on October 1, 2024.

Magistrates Professor N. Negus, Mr. J. Steadman, and Mrs. J. Morris presided over the trial, which concluded on Monday.

After reviewing the evidence, the bench found Stoddart not guilty, dismissing the case.

The dismissal brings to a close legal proceedings that had been ongoing for over a year.

Continue Reading

Health13 hours ago

‘Truly abysmal’ – Welsh NHS waiting list hits new record high

THE LATEST NHS statistics paint a bleak picture of healthcare in Wales, with waiting lists reaching an unprecedented 802,268 patient...

News15 hours ago

RNLI urges public to stay safe as Storm Éowyn hits Wales

STORM ÉOWYN is set to bring strong winds across the UK, with an amber weather now in place for warning...

Crime2 days ago

Only 3% of sexual offences reported to Dyfed-Powys Police result in a charge

MORE than 1,600 rape and sexual offences have been reported to Dyfed-Powys Police in the last year, but just three...

Crime3 days ago

Cabbie and passenger caged for cocaine trafficking in Pembrokeshire

A TAXI driver and his passenger have been jailed after being caught smuggling a kilogram of cocaine into Pembrokeshire. Police...

Crime3 days ago

Drug dealers caught trafficking cocaine worth £2,000 to Steynton addict

A COURT has heard how two drug dealers were caught trafficking cocaine with a street value of up to £2,000...

News4 days ago

St Davids Lifeboat responds to Mayday call from wind farm support vessel

ST DAVIDS RNLI responded to a Mayday call at 5:55am on Sunday (Jan 19) after a fire broke out on...

Business6 days ago

Residents meet with local politicians over A477 road safety concerns 

MEMBERS of the Eglwyscummin Community Council and residents of the village of Red Roses today (Friday 17th January) called a road-side...

Crime6 days ago

Milford paedophile caught with 1600 indecent images of children avoids jail

A PAEDOPHILE has avoided prison sentence after being caught with nearly 1,600 sickening indecent images and videos of children on...

News1 week ago

Landslides close section of Pembrokeshire coastal path once again

A SECTION of a south Pembrokeshire beach-side coastal path has been closed once again after a number of landslips in...

Community1 week ago

Stricken vessel now off Broad Haven as pollution experts stand-by

A dramatic turn of events has seen the survey vessel KMS Terramare redirected to Broad Haven, where it is set...

Popular This Week