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News

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

News

Plans submitted to redevelop home of one of Wales’ oldest football clubs

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FORMAL plans to redevelop the grounds of one of the oldest football clubs in Wales – which includes a new 310-seater stand – have been submitted to the council.

Aberystwyth Town Football Club has submitted an application for the redevelopment of its grounds at Park Avenue Stadium, Aberystwyth.

A supporting statement from agent JMS Planning and Development says the proposal seeks “full planning permission for the demolition of the existing main stand and the creation of a new clubhouse, turnstile, changing rooms, business unit and improvements to the existing seated and standing terraces which will include new roof canopies and all associated works”.

The formal application follows an earlier public consultation.

It adds: “Aberystwyth Town Football Club is proudly one of the oldest football clubs in Wales, whereby the club was founded some 140 years ago in 1884. The club is one of the founding members of what is now known as the ‘Cymru Premier’, of which it is only one of two teams to have never been relegated since its inception in 1992.

“The men’s senior team is loyally supported by local community and has seen an increase in attendance over the past couple of years, reaching nearly 6,000 spectators over the year for the men’s team alone. A number of Cymru Premier matches are broadcast live from the ground each season on S4C and streamed online to a worldwide audience. The Football Association of Wales recently confirmed a new structure and strategy to the league with the aim of boosting its commercial profile, competitiveness, and fan interest both nationally and internationally.

“As a Premier European Division, clubs are provided the opportunity to qualify for UEFA competitions and compete across the Continent, whereby it is imperative that facilities and infrastructure across the country are developed to meet UEFA Licensing requirements. Should Aberystwyth Town qualify – or host other clubs’ European matches as has occurred in recent years – the redevelopment of the facilities at Park Avenue will enable Ceredigion to continue to host continental sporting events.”

It says Aberystwyth Town Football Club “is often called ‘home’ by a number of other teams in the region which rely on the club’s facilities and all-weather pitch for the provision of training sessions and matches”.

The scheme itself is the first phase of development, the second relating to residential development.

Of phase 1, it says: “The proposal seeks the construction of a new clubhouse and community facility, a 310-seater stand, replacement turnstile, ticketing office, roofs over existing seated and standing terraces, new primary and secondary changing room facilities, dedicated business/employment unit, with improvements to accessibility throughout the site, including the re-construction of a dedicated disabled viewing platform.”

It adds: “The scheme proposes vast improvements to the accessibility of the site by providing step-free access throughout the whole site, thus promoting an inclusive environment. Similarly, the scheme introduces improvements to a dedicated viewing platform for less-able bodied.”

It goes on to say: “The existing main stand and changing rooms are in a state of deterioration and require significant investment if required to serve the club for years in the future. Hence, modern and fit-for-purpose facilities are proposed to revitalise the site which will enhance the provision of the community facility, encourage the uptake of sports, and in-turn promote the health and well-being of a wide range of social groups in the local and regional area.

“The development also promotes equality and inclusivity for both male and female players and officials, who will benefit from segregated and modern changing facilities, in accordance with the requirements of the Football Association of Wales.”

The application will be considered by county planners at a later date.

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Business

Pubs to stay open late for VE Day 80th anniversary

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Extended hours to help nation mark milestone in Second World War history

PUBS across England and Wales will be allowed to serve until 1:00am to mark the 80th anniversary of Victory in Europe (VE) Day, the Prime Minister has announced.

The extension applies to the evening of Wednesday, May 8, allowing revellers to continue their celebrations into the early hours of Thursday, May 9.

A series of national events are planned to commemorate the end of the Second World War in Europe, including a military parade through central London, an RAF flypast, and the lighting of more than 2,500 beacons across the UK.

Late opening hours for pubs have previously been granted during major national occasions, including Queen Elizabeth II’s Platinum Jubilee and England’s matches during the Euro 2024 semi-finals and final.

Speaking ahead of the anniversary, Prime Minister Keir Starmer said: “As we mark the 80th anniversary of VE Day, the whole country should come together to remember the incredible sacrifices made by the wartime generation and to celebrate the peace and freedom they secured for us all.

“Keeping our pubs open for longer will give people the opportunity to join in celebrations and raise a glass to all of the men and women who served their country, both overseas and at home.”

The commemorations will begin on Monday, May 5, with Union Flags flying at the Cenotaph in London. A military procession will march from Whitehall to Buckingham Palace, followed by an aerial display by the Royal Air Force. On May 8, the BBC will broadcast a celebratory event live from Horse Guards Parade.

Michael Kill, chief executive of the Night Time Industries Association, welcomed the decision. He said: “At such a challenging time for the hospitality sector, allowing businesses to extend their trading hours during these celebrations offers a much-needed boost while paying tribute to our shared history.”

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Crime

Reform candidate co-opted to town council — graffiti appears days later

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A MAN who recently lost a by-election standing for the Reform UK party has been co-opted onto Haverfordwest Town Council — just two days before political graffiti appeared at Withybush Retail Park.

Scott Thorley, who stood for Reform UK in the Prendergast by-election earlier this year, was appointed to Haverfordwest Town Council during a co-option meeting on Thursday (Apr 17).

Campaign poster: Scott Thorley, Reform candiate

Mr Thorley came fourth in a closely fought six-way contest for a seat on Pembrokeshire County Council, securing 71 votes. The by-election, held on Tuesday, February 11, was triggered by the resignation of former Conservative councillor Andrew Edwards, who stepped down following widespread backlash over racist comments attributed to him.

Independent candidate Alun Wills ultimately won the seat with 199 votes (31.6%), ahead of Kaleb Jenkins (Welsh Liberal Democrats, 160), Mike Mathias (Welsh Conservative, 136), Scott Thorley (Reform UK, 71), Alison Tudor (Welsh Labour, 57), and James Henry Purchase (Wales Green Party, 8).

But on Saturday morning (Apr 19), just two days after Mr Thorley’s co-option, residents and shoppers were greeted with a string of large political slogans sprayed across walls and walkways at Withybush Retail Park. Messages included: “KEIR STARMER OUT, REFORM IN! GOD SAVE US” and a separate large slogan reading: “VOTE REFORM” — all daubed in white capital letters.

The incident has since been reported to Dyfed-Powys Police.

Speaking to The Pembrokeshire Herald, new town councillor Scott Thorley said: “Whoever has done this, it is vandalism plain and simple.”

Mr Thorley, who works at the retail park himself, said he did not notice the graffiti when arriving at work and was only made aware after a colleague sent him photos by phone.

He added: “The phrase ‘God Save Us’ doesn’t really sound like something a younger person would write — maybe it’s someone older. But whoever it was, this was not done by Reform. It does not help us — it’s embarrassing.”

Mr Thorley also noted the timing of the incident, saying: “It’s a bit fishy this happened less than two days after I was accepted onto the town council.”

Not happy: Cllr Tom Tudor

Haverfordwest county councillor Thomas Baden Tudor told The Herald: “Damage to public or private property is completely unacceptable, and if anyone has any information on who carried out this act of vandalism, please contact Crimestoppers anonymously — online at crimestoppers-uk.org or by phone on 0800 555 111.

“They’ll ask questions about the crime but won’t ask about you.

“Antisocial behaviour is not tolerated or acceptable in Haverfordwest.”

He added: “Alternatively, anyone with information can also call Dyfed-Powys Police on 101.

Awaiting comment: Alun Cllr Willis

The Pembrokeshire Herald contacted new county councillor Alun Wills by telephone for a comment. He said: “I have not seen the graffiti yet, I have just come back from work.” Cllr Wills said he had seen a media post about the incident, believed to be on The Herald’s Facebook page.

At the time of going to press, we are awaiting Cllr Wills to come back to us with a further comment.

The police have been contacted for a statement.

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