Crime
Man with limited mental capacity sees child grooming conviction overturned
A WEST WALES man, initially convicted of grooming and sexually abusing a 13-year-old boy, has been acquitted after a trial was ordered following a successful application to the court based on new evidence about his mental capacity.
The accused, Alec Davidson, from Carmarthen, pleaded guilty in June 2023 of two charges related to historical sexual abuse against a then 13-year-old boy. These charges stemmed from an incident in 2005, when Davidson had allegedly groomed the victim via the social media platform Bebo before assaulting him. The guilty plea by the defendant had followed a judicial review initiated by the victim, who had to take legal action to compel Dyfed Powys Police to pursue the case after their initial reluctance to do so.
However, Davidson applied to the court to vacate his pleas vacated (cancelled). The court heard that he had the mental capacity of a primary school child and had only pleaded guilty under pressure to stay out of jail. His application to vacate his pleas was granted, and the subsequent trial resulted in Davidson being found not guilty last Friday (Sept 6).
Davidson’s legal team successfully argued that their client had been wrongly advised to plead guilty. His father, John Davidson, testified that Alec, who has the cognitive capacity of a child, was told by his barrister that a guilty plea would likely result in a non-custodial sentence, while contesting the charges could lead to a guaranteed jail term if convicted.
John Davidson revealed to the court that he had instructed his son to follow the barrister’s advice, believing it was the only way to avoid prison. As a result, Alec Davidson pleaded guilty without fully understanding the consequences of his actions or the implications of the plea.
At the eventual trial, which took place on September 6, 2024, the jury returned a not guilty verdict, resulting in Alec Davidson’s acquittal.
The man who claimed to be the victim, now in his 30s, said he had faced significant challenges in getting justice. He claimed abuse took place in the winter of 2004/2005, when Davidson groomed the victim online and took him to a secluded location where the assault occurred. He said he did not report the incident until 2019, when he confronted Davidson on Facebook. In the exchange, Davidson admitted to the sexual act but claimed he believed the boy to be 17 at the time.
Despite this admission and the evidence from the Facebook conversation, Dyfed Powys Police initially declined to prosecute, citing insufficient evidence and referencing the victim’s mental health and troubled background as potential obstacles to securing a conviction.
The man claiming to be the victim, undeterred by the police’s decision, sought a judicial review to challenge the authorities’ refusal to proceed. His persistence paid off, with the judicial review forcing the police to arrest and charge Davidson in 2023.
He described his ordeal as “a nightmare that never ends,” not only due to the abuse but also because of the systemic failures by the police, NHS, and local authorities in handling his case. He revealed that confidential medical and school records, which detailed his history of mental illness and behavioral problems, were shared with the police without his consent by the NHS and Carmarthenshire County Council. Both organizations admitted to mishandling his records and settled with the victim for an undisclosed sum believed to be less than £10,000.
These institutional failings further complicated the case, with the police initially using the victim’s background as justification for not proceeding with the investigation. The victim’s decision to pursue a judicial review forced the authorities to reconsider their position, leading to Davidson’s arrest and first conviction.
Davidson’s acquittal raises serious questions about the handling of cases involving vulnerable individuals on both sides of the legal system. While the retrial has cleared Davidson, the case highlights the difficulties faced by both victims and defendants with mental disabilities in navigating the criminal justice process.
The alleged victim, reportedly devastated by the retrial outcome, remains concerned about the broader implications of the case.
Crime
Swansea Crown Court to deal with Narberth rape case
A 46-YEAR-OLD Haverfordwest man has appeared before a District Judge charged with raping a woman at an undisclosed location in Narberth.
Richard Murray, recently of Hill Street, Haverfordwest is accused of raping the woman on August 25, 2022. He is further charged with sexually assaulting a woman and of causing a female to engage in sexual activity without her consent. Both offences are alleged to have been committed on the same date, August 25.
Murray denied all three charges when he appeared before District Judge Mark Layton sitting at Haverfordwest magistrates court on Tuesday, September 17.
Judge Layton declined jurisdiction in the matter and the case will now be heard at Swansea Crown Court.
Murray was released on conditional bail, the condition being not to have any direct or indirect contact with the alleged victim.
The matter will next be heard at Swansea Crown Court on October 14.
Crime
Pet running loose in Milford Haven was a banned fighting dog
A DOG that was seen running loose on a main road in Milford Haven was found to be an unregistered fighting XL Bully which, according to police experts, had the strength to cause someone ‘substantial injury’.
Officers were called to a property in Milford Haven on March 24 following numerous reports from members of the public that a dog was running loose on the road, causing what the Crown Prosecution described as ‘a hazard’ to drivers. There they found the dog enclosed in a front garden.
This week it’s owner, Megan Pouparrd, 20, of Sunningdale Drive, Hubberston, pleaded guilty to possessing or having custody of a fighting dog.
“It was a typical XL Bully dog in relation to its appearance and size,” Crown Prosecutor Abigail Jackson told District Judge Mark Layton sitting at Haverfordwest magistrates court this week.
The dog, which had wandered approximately one mile from its owner’s home, was caught and taken away by officers for further examinations to be carried out to confirm its breed.
A police statement read out to Judge Layton stated that the dog was ‘very restless and curious’.
“He made no attempt to jump on us and was more interested in finding out about his new surroundings,” said the report.
“He was a very relaxed dog, but was also extremely strong, and could easily have knocked someone off their feet.”
A destruction order for the dog was submitted to the court by the police, however following a request by District Judge Mark Layton, this was delayed pending a behaviourist report to be carried out on the animal.
Sentencing was adjourned to October 8.
(Image: File)
Crime
Letterston man in court over ‘silly neighbours’ dispute’
A NEIGHBOURS’ dispute reached the courts this week when Letterston resident Stuart Wing pleaded guilty to causing criminal damage to his neighbour’s car.
“It was a silly dispute,” the 59-year-old told a district judge sitting at Haverfordwest magistrates court this week.
“We used to be good neighbours, but it was the stupidest of things. I’d put his bin bags back but then he fell out with me, giving me hand signals and calling me a scumbag.”
The incident took place on June 21, 2023 at Spring Gardens, Letterston.
“The victim [Clark Gretton], had left his property and entered his vehicle,” Crown Prosecutor Abigail Jackson told Judge Mark Layton.
“[The victim] said, ‘I’ll be glad to get away from these scumbags’, but the defendant was near and must have heard him, because he picked some gravel up and threw it at the car, causing chip marks.”
Ms Jackson said that the cost of the criminal damage to Mr Gretton’s Nissan Qashqai totaled £660.
After pleading guilty to causing criminal damage, Stuart Wing was fined £120 and ordered to pay £85 costs and a £48 court surcharge. He was also ordered to pay £660 compensation to Mr Gretton.
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