News

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

Published

6 months 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.

Community

Grieving family’s aim to protect young drivers in memory of daughter

Published

1 hour ago

January 22, 2025

Tom Sinclair

PEMBROKESHIRE COUNTY COUNCIL Road Safety Team have worked in partnership with the family of a young woman killed in a road traffic collision to launch an intervention for young drivers in our County and beyond.

Ella Bee’s Story aims to prevent further deaths on the road, particularly among the 17 to 25-year-old age group, and concentrates on the Fatal 5, peer pressure, driver behaviour and how to reduce the risks both as a driver and passenger.

Twenty-one year-old Ella Smith was killed in a road traffic collision on the Broad Haven road in 2021 and her family are bravely telling their story of the night it happened and the aftermath of losing Ella.

Two drivers involved in the collision were jailed for ten years each having been convicted of causing death by dangerous driving and causing serious injury by dangerous driving.

The intervention was launched recently and will be available to all schools and young peoples’ groups in the County, along with Pembrokeshire College.

The Road Safety Team worked closely with the family to put together the intervention which includes the production of two videos that can help educate all young drivers, and any adults with young drivers in the family.

Following the launch Ella’s mother Maria said: “We as a family and Ella’s best friends have worked tirelessly with Pembrokeshire County Council to produce a presentation on road safety to be delivered to schools, colleges and youth groups to educate young drivers on the devastating impact that losing Ella has had on us all.

“Ella your legacy will live on and you will forever be remembered for helping others even now.”

Cabinet Member for Residents’ Services Cllr Rhys Sinnett added: “The launch of Ella Bee’s Story was incredible moving. Ella’s family has been incredibly brave in their determination to ensure her tragic death is not in vain and this project will help other young drivers stay safe on our roads.”

For further information about how your school or youth group can access Ella Bee’s Story please email [email protected]

Community

Storm Éowyn upgraded to ‘danger to life’ amber warning for Wales

Published

3 hours ago

January 22, 2025

Tom Sinclair

THE MET OFFICE has upgraded its weather alert for Storm Éowyn to an amber warning, signifying a “danger to life” as strong winds and heavy rain approach Wales and other parts of the UK. The warning is in effect from 6:00am to 9:00pm on Friday, covering northern Wales, Northern Ireland, northern England, and southern Scotland.

Strong winds and widespread disruption

The amber alert warns of winds reaching 60-70 mph inland and up to 90 mph in exposed coastal areas and high ground. The Met Office advises that flying debris poses a risk to life, while power cuts, travel disruption, and property damage are highly likely.

Road, rail, air, and ferry services are expected to face delays and cancellations. Homes and businesses may also sustain structural damage as the storm progresses.

Areas in Wales under amber warning:

Conwy
Denbighshire
Flintshire
Gwynedd
Isle of Anglesey

Alongside the amber alert, two yellow warnings for wind cover all of Wales on Friday, lasting from midnight Thursday to midnight Friday. A separate yellow warning for rain is also in effect from midnight to 9:00am on Friday, predicting 15-25 mm of rain across much of Wales and 40-60 mm in higher elevations. The heavy rainfall may lead to surface water flooding in some areas.

A Met Office spokesperson said: “Storm Éowyn will move across the northwest of the UK on Friday, clearing northeast by Friday night. This will bring a spell of very strong west to southwesterly winds, with a brief reduction in wind strength as the storm’s centre passes over certain areas. Winds will then increase rapidly before gradually easing later on Friday.”

Residents are urged to secure loose outdoor items, avoid unnecessary travel, and monitor updates as the storm approaches.

Crime

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

Published

6 hours ago

January 22, 2025

Tom Sinclair

MORE than 1,600 rape and sexual offences have been reported to Dyfed-Powys Police in the last year, but just three per cent resulted in a charge or summons.

New data obtained by Sexual Abuse Compensation Advice (SACA) has revealed that between September 2023 and 2024, a total of 1,686 offences were reported to the force but just 47 resulted in a charge or summons.

Sexual Abuse Claims Specialist, Ellie Lamey says it is “staggeringly low” and “it is important victims know that support is available.”

In the last year, there were 1,141 sexual offences reported to Dyfed-Powys Police as well as further 545 rapes.

Of those, just 47 resulted in a charge with 552 offences still under investigation.

According to the force, the majority of rape and sexual offence victims and alleged perpetrators were between the ages of 0-17.

Sexual Abuse Compensation Advice also obtained new data from the Criminal Injuries Compensation Authority (CICA) – which is a government-backed organisation that can offer compensation to victims of sexual abuse.

In the last year, the CICA received 13,313 applications from alleged victims of sexual assault or abuse.

Of those, 1,763 received compensation – that’s just 13 per cent.

CICA Specialist at SACA, Ellie Lamey said: “The number of sexual assault/abuse victims who have applied for CIC is staggeringly low compared to the number of offences being reported to police forces across the UK.”

This, along with mammoth delays in the court system and the early release of prisoners is, of course, hugely concerning for victims.

SACA’s investigation revealed the main reasons why victims are rejected by the CICA. They include: the incident was not a ‘crime of violence’, the application was made outside the relevant time limit, failure to co-operate with bringing the assailant to justice and failure to co-operate with the CICA.

In the last year, the organisation paid out compensation totalling £18,463,509.85 to victims of sexual abuse.

Specialist Ellie Lamey added: “It is so important that victims know there is support available for them and not to be deterred or fearful of rejection.

“Victims should be aware that they can report historical periods of abuse/assaults to the police, regardless of the amount of time that has passed.

“Victims can avoid rejections by ensuring they fully cooperate with the police in bringing the assailant to justice as well as seeking appropriate medical attention regarding any physical or psychological injuries sustained from the assault they are a victim of.

“CICA data from 2020-2022 shows that 18 per cent of applications are submitted outside of the two-year time limit, and of these 61 per cent went on to receive an award.

“With relevant evidence, we can provide exceptional circumstances that have contributed to the delay in a victim submitting an application.”

Dyfed-Powys Police responded to the data saying that it had the second highest conviction rate for rape offences in England and Wales at 72.7% in the year to date.

However, the force said it recognises that there is still a lot more to do to ensure that all victims-survivors get the justice they deserve.

One of the force’s priorities is to provide a compassionate response to victims of rape and serious sexual assault and the relentless pursuit of offenders

The force joined Operation Sorteria Bluestone in 2022, the aim of which was to transform the policing response to rape and serious sexual offences (RASSO).

A spokesperson said: “We are committed to supporting victims-survivors of rape and sexual assault and all detectives are fully trained in the College of Policing Rape and Serious Sexual Offences Investigative Skills Development Programme (RISDP).

“We’ve revolutionised our response to rape victims-survivors by providing an option of speaking to an officer via video call utilising specialist software. This has enabled victims-survivors to have access to specialist support in an environment which is comfortable for them.

“Rape and sexual offences investigations can be complex and due to their very nature can take longer than 12 months to investigate thoroughly.

“The Government’s review also acknowledged that not all victims-survivors who report incidents to the police want to proceed with a criminal justice outcome.

“As such, measuring charge rates within a 12-month period against the volume of crime reported can be sometimes misleading.”

The police spokesperson added: “We would urge anyone who has been a victim-survivor of a sexual offence to please come forward and get the support they rightly deserve.

“Whether a victim-survivor chooses to involve the police or not, support is available to everyone. New Pathways is the largest sexual violence support provider in Wales, with extensive experience of delivering specialist support to adults and children affected by the trauma of rape, sexual assault or sexual abuse.

“We would also encourage victims-survivors of sexual assault to seek help through sexual assault referral centres (SARCs). SARCs provide a safe space and dedicated care for people who have been raped, sexually assaulted or abused, and are here for everyone.”

Visit New Pathways on www.newpathways.org.uk, or to find a SARC go to collaborative.nhs.wales/SARCs
For details of support services and how to report a sexual offence, including non-recent incidents, visit https://bit.ly/reportsexualoffences
If you have been a victim of a crime, report it to Dyfed-Powys Police, either online at: https://bit.ly/DPPContactOnline, by emailing [email protected], or by calling 101. 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 www.crimestoppers-uk.org

Sexual Abuse Compensation Advice (SACA) also offers a specialist service for anyone looking for support and advice after being affected by rape or sexual assault.

They operate a 24-hour helpline and live chat service which you can access on their website.