News

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

Published

8 months 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.

Crime

Unanimous verdict in Ceredigion sexual assault case

Published

1 day ago

May 3, 2024

Tom Sinclair

A CEREDIGION man has been convicted to three years and six months in prison for sexually assaulting a woman in her own bed after the jury returned a unanimous guilty verdict.

27-year-old Suroj Bk, from Llangrannog, was sentenced this week following a week-long trial at Swansea Crown Court (May 1).

On 7 October 2023, Dyfed-Powys Police received a report that Bk entered the victim’s home and sexually assaulted her while she lay in her bed.

When the victim realised what was happening, she kicked Bk out of her bed and called the police.

Upon receiving the report, officers quickly attended the victim’s home and conducted a thorough search of the surrounding area using police dogs and scenes of crime officers.

Evidence gathered from scene, together with extensive local enquiries, led officers to arrest Suroj Bk the next day (8 October).

While Bk was in custody, detectives, crime scene investigators, and digital forensic officers worked tirelessly to uncover the evidence that ultimately placed Suroj Bk at the scene.

After hearing the evidence, the jury took less than two hours to agree a unanimous guilty verdict.

The detective in charge of the case has praised the victim for her ‘tremendous courage’ in reporting the assault to police.

“Incidents of this nature are thankfully very rare within Ceredigion, and I’d like to reassure the community that this was an isolated incident, and that the identification and arrest of suspect was done quickly and efficiently,” said Detective Inspector Sam Gregory.

“The victim in this case demonstrated tremendous courage in reporting to police, and while this investigation was not straightforward in its nature, it was through the expertise and tenacity of forensic officers, working together with the investigation team, and the victim, that led to this successful prosecution.

“I hope the sentence given to Suroj Bk sends a clear and strong message that Dyfed-Powys Police takes reports of sexual offences seriously.

“We will listen to you, and we will work tirelessly to get justice.”

On Wednesday, 1 May 2024, Saroj Bk was sentenced to three years and six months in prison and a five-year restraining order, and he will be on the sex offenders register for life.

If you have been a victim of a crime such as this, report it to Dyfed-Powys Police either through a direct message on social media, online at: https://www.dyfed-powys.police.uk/ro/report/rsa/alpha-v1/v1/rape-sexual-assault-other-sexual-offences/, by emailing [email protected], or by calling 101.

In an emergency, always call 999.

If you are deaf, hard of hearing, or speech impaired text the non-emergency number on 07811 311 908. Alternatively, contact the independent charity Crimestoppers anonymously by calling 0800 555111, or visiting crimestoppers-uk.org.

News

Body recovered confirmed to be Luke Stephenson, say police

Published

1 day ago

May 3, 2024

Tom Sinclair

DYFED-POWYS police have said today that the body found on Wednesday, May 1, has been confirmed to be Luke Stephenson, who was reported missing from the Pembroke Dock area on April 14.

A spokesperson for the force said: “We will continue to support the family and will assist with issuing a tribute publicly if the family wish to do so.”

In a statement, his family said: “Luke was a joyful and funny young man and always wanted to help others. He was a loving son, brother, grandson and uncle, and will be forever missed.
“We have lost a huge part of our family, and our loss is shared by his many friends who also loved him dearly.
“We would like to thank the local community for the overwhelming support we have received.”

Business

Port of Milford Haven now official ‘a great place to work’

Published

1 day ago

May 3, 2024

Tom Sinclair

THE PORT of Milford Haven has been officially accredited as a Great Place to Work-Certified™ organisation. As the first Port Authority in Britain to secure this Certification™, it is a significant achievement.

“We are very proud to be Great Place to Work-Certified™,” said Vidette Swales, HR Director at the Port of Milford Haven. “It means so much that our employees have reported a consistently positive experience with their colleagues, their leaders and their jobs. Offering a positive employee experience is not only beneficial for the people who work with us but is also key for our continued business success.”

Tom Sawyer, CEO at the Port of Milford Haven added: “Our team is operating the UK’s leading energy port, and it is of the utmost importance that we do that safely, responsibly and effectively. We’re striving for excellence and aim to provide a world class service to our customers as well as supporting sustainable coastal communities for the prosperity of future generations. Our employees are clearly at the centre of this which is why I’m delighted that they feel supported in their role. I’m especially proud that this Certification™ demonstrates our core values of Safety, Excellence, Collaboration and Sustainability so perfectly.”

“We congratulate the Port of Milford Haven on achieving their Certification™,” said Benedict Gautrey, Managing Director of Great Place to Work® UK. “Organisations which put the employee experience at the heart of their business gain their employees’ trust and, in turn, are truly able to build a great workplace culture that delivers outstanding business results.”