News

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

Published

2 years ago

September 12, 2023

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:

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.
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.
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.
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.

Education

Excellent progress on the construction of new lower school building at Portfield School

Published

28 minutes ago

May 20, 2025

Tom Sinclair

PUPILS from Portfield School have had the exciting opportunity to leave their mark on history as work continues at pace at their fantastic new school.

The pupils attended an event to mark the reaching of the highest point of the new building, traditionally known as the ‘topping-out’ ceremony. The event gave pupils a chance to sign one of the first steel beams, and leaving handprints on a wall, symbolising their role at the heart of the school community and the bright future ahead.

The event was hosted by Morgan Sindall Construction & Infrastructure Ltd and was attended by staff, pupils, governors, senior Council officers and officers from the project team to celebrate the key milestone.

Headteacher Sarah Hartley said: “We were thrilled to involve our pupils in this important moment. The new building represents a new chapter for Portfield School, and it’s wonderful that our children could be part of its foundations.”

The Council’s Cabinet Member for Education and the Welsh Language, Cllr. Guy Woodham, said that he was extremely pleased at the progress being made.

“Whilst I was unable to attend the event myself, my colleagues have shared with me their experience of the event, and the excellent progress being made on the new building at the school.

“This development will provide much needed modern, inclusive accommodation for the learners, and I am particularly pleased that the project remains on budget, and on programme, which means that Portfield School will be in a position to move into the building in December 2025.”

Following their visit, pupils made the following comments: “We had to wear protective clothing before entering the building site. Being able to write my name on one of the walls in the new building was really cool. I am very grateful to have been chosen to write my name in the new build it is extremely cool. Even though I am leaving this year my name will be there for ever.”

“Oh it was fun! I put my hand in paint and then put it on the wall.”

The project is being funded by Welsh Government and Pembrokeshire County Council as part of the Sustainable Communities for Learning Capital programme.

Charity

Woman spared jail after drunken assault on two police officers

Published

41 minutes ago

May 20, 2025

Tom Sinclair

A PEMBROKESHIRE woman battling a complex range of mental health issues has narrowly avoided prison after spitting at and assaulting two police officers while heavily intoxicated.

Elisha Callen, 25, of Glenview Avenue, Pembroke Dock, appeared before Haverfordwest magistrates this week for sentencing after admitting two counts of assaulting emergency workers and being drunk and disorderly in a public place.

The court heard that on April 21, Callen was found in a severely intoxicated state on Larch Road, Milford Haven. Officers attempted to calm her, but she became increasingly aggressive.

“She was told to behave herself, but she failed,” said Crown Prosecutor Dennis Davies.

Following her arrest, Callen lashed out at officers at the station—striking one and spitting in the face of another.

In a victim impact statement read to the court, one of the officers said: “As a police officer, we expect to face conflict on a daily basis, but I don’t expect to be spat on by someone I’ve never met before.”

Callen later told officers she had no recollection of the incident.

Her solicitor, Tom Lloyd, urged magistrates to impose a suspended sentence, arguing she had significant mental health issues and was engaging with support services.

“Letting her attempt to seek help on her own hasn’t worked,” he said. “If you look at the marks on her neck and hands, you can see this is someone with far more going on than just anxiety and depression.”

“This is an individual with complex needs who is extremely upset by what happened and wants to apologise to every officer involved,” he added.

Magistrates imposed an 18-week custodial sentence, suspended for 24 months. Callen must also comply with a mental health treatment requirement, attend 25 rehabilitation activity days with drug and alcohol support, and complete a 120-day alcohol abstinence monitoring requirement.

“I can’t emphasise enough that this is your last chance,” the presiding magistrate warned. “You’ve come that close to custody.”

Callen was also ordered to pay £85 costs, a £154 victim surcharge, and £100 in compensation to each of the two officers.

As she left court, Callen said: “Thank you so much. This won’t happen again. I just need support.”

Charity

Blue Lagoon to open for charity event during May half-term

Published

3 hours ago

May 20, 2025

Tom Sinclair

Fundraiser to support Milford Youth Matters and celebrate community spirit

BLUESTONE’S Blue Lagoon Water Park will be opening its doors to the public for a special charity evening this May half-term – with every penny raised going to support a local youth charity.

The event, which takes place on Tuesday 27 May at 5:30pm, is part of the Bluestone Foundation’s popular community events programme. Up to 600 local residents will be welcomed to enjoy a fun-filled evening at the park, while raising funds for Milford Youth Matters – a third-sector organisation supporting young people in Pembrokeshire.

This will be the third Blue Lagoon charity event of the year. The two previous evenings raised a combined total of £7,854 for the Megan Starr Foundation in February and Fishguard and Goodwick’s POINT youth trust in April.

The Bluestone Foundation – the charitable arm of Bluestone National Park Resort – was created in 2010 to support environmental, economic and social initiatives across the county. Through its Community Events and Community Fund schemes, it has awarded more than £250,000 to local projects to date.

Milford Youth Matters works with young people aged 11 to 25, offering vocational training, volunteering, and work-based learning opportunities alongside social activities. The charity has already supported over 500 young people across the county.

Dayle Gibby, Co-ordinator at Milford Youth Matters, said:
“We’re all about investing in young people. The support from the Bluestone Foundation means we can evolve and try new activities, reach new audiences, and remove financial barriers that often stand in the way of young people’s development.

“In recent years, we’ve developed a strong relationship with Bluestone. Many of the young people we support now work there, which is a great example of how our work is helping young people gain the skills they need for employment – right here in Pembrokeshire.”

Mike Slack from the Bluestone Foundation added:
“We’re looking forward to hosting our third charity event of the year at the Blue Lagoon. These evenings are a great opportunity for local families to enjoy themselves while supporting brilliant causes. Milford Youth Matters is a fantastic organisation, and we’re proud to help them continue their vital work.”

More information about the Bluestone Foundation can be found at:
https://www.bluestonewales.com/about-us/bluestone-foundation