News

Systemic failings within the fire service led to firefighter’s death

Published

1 year ago

July 23, 2024

THE TRAGIC death of a firefighter during a training exercise almost five years ago has been officially ruled as an accident by an inquest jury.

Josh Gardener, 35, from Milford Haven, suffered a fatal head injury on September 17, 2019, while training with the Mid and West Wales Fire Service on the Cleddau River.

The incident occurred when the vessel carrying Mr Gardener collided with another inflatable craft, leading to a devastating impact that threw him into the water. The collision resulted in a severe head injury described as a “deep chop wound.” Despite immediate rescue efforts by a crew member who jumped into the water, it was evident that Mr Gardener’s injuries were fatal. He was pronounced dead at 11:55 am after the crew arrived at Neyland Yacht Club, where they were met by ambulance and police services.

***Josh Gardener’s funeral in Milford Haven was attended by hundreds. (Pic Herald)***

The inquest, held at County Hall, Haverfordwest and led by acting senior coroner Paul Bennett, opened with a post-mortem examination revealing that Mr Gardener died from a “disruption of the head.” The jury concluded that the incident was accidental after hearing evidence of the circumstances surrounding the training exercise.

Mr Gardener had joined the fire service just a year before his death, fulfilling a lifelong dream of working in emergency services. Previously, he had worked as an offshore wind farm technician. His family, in a heartfelt statement read during the inquest, described him as a “son to be proud of” and a devoted father of two who cared deeply for his family.

***Paying their respects: Fire fighters at St Katherine’s Church, Milford Haven***

The Marine Accident Investigation Branch (MAIB) report presented during the inquest highlighted several issues in the preparation and execution of the training exercise. The report pointed out that the exercise had not been adequately planned and that there was a lack of clear leadership and coordination. It was noted that neither vessel was keeping an effective lookout, resulting in a failure to maintain awareness of the boats’ relative positions and movements.

A crucial finding of the MAIB report was that the helmsman of one of the vessels had inexplicably undertaken a full circle turn despite the proximity to the other craft. This manoeuvre, against the agreed plan to rendezvous further upstream, led directly to the collision. Additionally, it was revealed that protective headgear was available on both vessels but was not worn by any crew members, as it was considered uncomfortable and obstructive to communication. However, the MAIB report concluded that even if Mr Gardener had been wearing a helmet, it is unlikely it would have prevented his death.

***The rib involved in the accident (Pic: Herald)***

The inquest also disclosed that the Mid and West Wales Fire and Rescue Service’s pre-activity planning requirements were not met, and standard operating procedures were not followed. No individual had been assigned overall responsibility for the activity, and there was no designated person in charge during the exercise.

Following the inquest’s conclusion, the family of Mr Gardener expressed that the verdict provided a sense of closure and acknowledged the ongoing investigations by the Health and Safety Executive and the Marine and Coastguard Agency. They emphasised the significance of the MAIB report, which underscored systemic failings within the fire service.

In a tribute read during the hearing, Mr Gardener was remembered as a “committed and caring family man” who had always aspired to serve in the emergency services. His dedication to his role and his family was profoundly evident.

Chief Fire Officer Roger Thomas of the Mid and West Wales Fire and Rescue Service extended his condolences to Mr Gardener’s family, acknowledging the profound impact of the tragedy. He assured that the fire service had implemented several new practices and reviewed procedures to prevent such incidents in the future.

“We hope that the conclusion of the inquiry brings some form of closure to the family,” said Mr Thomas. “We have learned from this investigation and are committed to continuous improvement to ensure the safety of our personnel during training exercises.”

The significant amount of time between the tragic accident and the inquest is due to legal wrangling. The Fire & Rescue Service 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.

News

Welsh Government outlines new rights for homeowners facing estate management charges

Published

1 hour ago

December 18, 2025

Tom Sinclair

HOMEOWNERS living on privately managed estates in Wales are set to gain new legal protections under changes being introduced as part of the Leasehold and Freehold Reform Act 2024, the Welsh Government has said.

In a written statement published on Thursday (Dec 18), the Cabinet Secretary for Housing and Local Government, Jayne Bryant MS, provided an update on how the legislation will be implemented in Wales, with a particular focus on estate management charges paid by freehold homeowners.

Until now, homeowners on privately managed estates have often faced unclear or high bills for maintenance and services, with limited ability to obtain information or challenge costs. Once fully implemented, Part 5 of the Act is intended to address those concerns.

New powers for homeowners

Under the reforms, homeowners will be given the right to challenge the reasonableness of estate management charges for the first time. Estate managers will also be required to provide clearer information about the services being paid for through those charges.

In cases where estate management has failed, homeowners will be able to apply to a tribunal for a substitute manager to be appointed. The Act will also require estate managers to publish details of any administration charges in advance, where payment is expected.

Jayne Bryant said the changes would bring “significant new rights and protections” for homeowners affected by estate management fees.

Welsh and UK consultations

Responsibility for introducing the necessary secondary legislation is shared between the Welsh and UK Governments. While many of the powers rest with UK Ministers, Welsh Ministers are responsible for rules relating to the publication of administration charges in Wales.

The Welsh Government has confirmed it is working alongside UK counterparts to ensure both consultations are launched at the same time, allowing homeowners and stakeholders to consider the full set of proposals together.

Homeowners are being encouraged to respond to both the Welsh Government consultation on administration charges and the UK Government consultation on the wider estate management regime.

The consultations are now open and form part of the process to bring the new protections into force.

News

Flood warnings issued across Wales as heavy rain raises river levels

Published

2 hours ago

December 18, 2025

Tom Sinclair

FLOOD warnings and alerts have been issued across large parts of Wales as persistent heavy rain causes river levels to rise, with parts of the country facing an increased risk of flooding on Thursday (Dec 18).

Natural Resources Wales (NRW) has confirmed that four flood warnings are currently in place, meaning immediate action is required, while a further 16 flood alerts have been issued where flooding is possible.

A yellow weather warning for rain has been issued by the Met Office, covering much of Wales from 10:00am on Thursday until 7:00pm, with disruption expected in some areas.

NRW said the warnings follow prolonged wet weather, with further heavy rainfall forecast to move across the country during the day.

The Met Office said: “An area of heavy rain will move northeast across the warning area during Thursday morning and afternoon before clearing to the east through the evening.

“Given recent very wet weather, there is potential for some disruption to travel and possible flooding.

“Much of the warning area will see 15–25mm of rain but some places could see 40–50mm, with the highest totals falling over high ground of south Wales.”

Forecasters have also warned that strong winds could worsen conditions, particularly along the coast.

“There is a chance of 60–70mph gusts along the exposed south coast, and perhaps 40–50mph some way inland,” the Met Office added.

Flood warnings in force

NRW has confirmed flood warnings are currently active at the following locations:

River Towy at Carmarthen Quay, Carmarthen
River Ritec at Tenby
River Towy affecting isolated properties between Llandeilo and Abergwili
River Rhyd Hir at Riverside Terrace, Pwllheli

Residents in these areas are being urged to take immediate action to protect property and personal safety.

Flood alerts issued

In addition, flood alerts — meaning flooding is possible — have been issued for the Lower Severn catchment in Powys, along with other areas shown on NRW’s live flood monitoring maps.

NRW is advising people to remain vigilant, avoid flooded roads and footpaths, and keep up to date with the latest forecasts and warnings.

The Herald understands that river levels will continue to be closely monitored throughout the day as rainfall moves through Wales.

Members of the public can check the latest flood warnings and alerts on the Natural Resources Wales website or by signing up for flood alerts direct to their phone.

Flood alerts and warnings across Wales on Thursday (Pic: NRW).

Crime

Jury discharged after failing to reach verdict in historic abuse trial

Published

3 hours ago

December 18, 2025

Rieve Nesbitt-Marr

CPS have a week do decide if they wish to pursue a re-trial, judge confirms

THE JURY has been discharged in the trial of a Milford Haven man accused of historic child sex offences after telling the court it was unable to reach a verdict, even by majority.

Thomas Kirk, aged 50, of Meyler Crescent, Milford Haven, is charged with the oral rape and sexual assault of a child, with the offences alleged to have taken place in Pembrokeshire between 2007 and 2009, when the complainant was aged between thirteen and fifteen. He denies the charges.

On Thursday (Dec 18), the jury returned to Swansea Crown Court and was asked whether it had reached a verdict on either count upon which at least ten jurors were agreed.

The foreman replied: “No.”

Judge Paul Thomas KC then asked whether there was any realistic likelihood that further deliberations would lead to a verdict being reached.

The foreman replied: “No, your honour.”

Judge Thomas KC said that in those circumstances he would discharge the jury and give the prosecution seven days to decide whether it would seek a retrial.

Addressing the jurors, the judge said they should not think they had failed or let anyone down.

“These things happen,” he said. “It’s one of the strengths of the jury system that people hold different views.”

He thanked the jury for their service and wished them a Merry Christmas and Happy New Year.

The court heard that the prosecution will now consider its position, with a further hearing expected next week to determine whether a retrial will take place.