Crime

Man with limited mental capacity sees child grooming conviction overturned

Published

3 months ago

September 13, 2024

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.

***How The Pembrokeshire Herald reported the case in June 2023***

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.

Given the efforts made to get this case to court, the alleged victim would likely be devastated by the retrial outcome.

Many will be concerned about the broader implications of this case.

Crime

Arrest after fatal Carmarthenshire hit-and-run

Published

2 days ago

December 24, 2024

Tom Sinclair

A MAN has been arrested following a fatal hit-and-run collision in Llanpumsaint, Carmarthenshire, on Monday (December 23), which claimed the life of 38-year-old Aaron Jones.

The incident happened near Caer Salem Baptist Chapel between 6:45pm and 7:45pm while Aaron was walking his dog. Police said the vehicle involved, a blue car with noticeable damage, was travelling northbound through the village at the time of the collision.

Dyfed-Powys Police confirmed that the vehicle believed to have been involved has now been located, and a 27-year-old man has been arrested on suspicion of causing death by dangerous driving, failing to stop for a collision, and failing to report a collision.

Specially trained officers are supporting Aaron’s family, who have asked for privacy during this difficult time.

A spokesperson for Dyfed-Powys Police said: “We are appealing to anyone who may have seen the vehicle or has dashcam footage from the area during the relevant times to contact us immediately.”

The road remains closed while investigations continue, and residents can expect an increased police presence in the area.

Anyone with dashcam footage, doorbell camera recordings, or CCTV footage from the area is urged to check their recordings and contact Dyfed-Powys Police immediately using the details provided in the comments.

Crime

Repeat offender jailed for breaching Sexual Harm Prevention Order

Published

2 days ago

December 24, 2024

Tom Sinclair

A SERIAL offender who repeatedly defied a Sexual Harm Prevention Order (SHPO) has been handed a three-year prison sentence following his latest breaches while living in Pembrokeshire.

Adrian John Thomas, 31, of no fixed abode, was originally made subject to a SHPO and notification requirements in 2017 after being convicted of offences involving a 14-year-old girl. Despite the restrictions imposed on him, Thomas has shown a persistent pattern of non-compliance.

The latest sentencing at Swansea Crown Court on Thursday (Dec 19) addressed four fresh breaches of the SHPO and one count of failing to meet notification requirements.

Following his release from prison in October 2023, Thomas initially registered at an approved address in Swansea. By January, he had moved to Pembrokeshire and declared himself as having no fixed address to the police.

However, it later emerged that he had moved in with his mother, who resides in sheltered housing, without notifying authorities of his change in circumstances—a direct violation of his notification requirements.

While living with his mother, Thomas took control of her iPhone, setting up a PIN and facial recognition lock without her consent. He then used the device to create multiple social media accounts, including Instagram, Gmail, and Facebook profiles, all in clear breach of his SHPO terms.

The court heard how Thomas’s actions left his mother feeling distressed and powerless in her own home.

Prosecutors revealed Thomas’s extensive criminal history, including eight previous convictions spanning 15 offences. Between February 2019 and October 2022 alone, he breached the SHPO 11 times and once failed to comply with notification requirements, resulting in multiple prison sentences.

In mitigation, the defence argued that Thomas had shown remorse and was struggling with his mental health. They claimed he had no viable housing options other than moving in with his mother or living in a tent.

Judge Paul Thomas KC delivered a stark assessment of the defendant’s repeated disregard for court orders.

“Your track record shows a persistent determination to flout the Sexual Harm Prevention Order placed on you after a serious child sexual offence conviction,” the judge said.

“You have breached this order and notification requirements time and time again. You misled the police about your living arrangements, manipulated your mother’s phone despite her pleas, and did so while on licence from a previous sentence.”

The judge concluded: “You seem entirely undeterred by the consequences of your actions.”

Thomas was sentenced to three years in prison, with a review of the SHPO’s duration scheduled for January.

Crime

Police hunt driver after dog walker killed in Carmarthenshire hit-and-run

Published

2 days ago

December 24, 2024

Tom Sinclair

A PEDESTRIAN walking his dog has died after being struck in a hit-and-run collision on a Carmarthenshire road on Monday (December 23).

The incident occurred in Llanpumsaint, near Caer Salem Baptist Chapel, between 6:45pm and 7:45pm.

The road remains closed, and police are urgently appealing for information to locate the driver of a blue vehicle believed to have fled the scene.

A spokesperson for Dyfed-Powys Police said: “We are actively searching for the driver of a blue vehicle with noticeable damage, which was involved in a fatal hit-and-run collision in Llanpumsaint, Carmarthenshire. The driver left the scene, and locating them is now our top priority.

“We are appealing directly to the driver to do the right thing and come forward. Additionally, we urge anyone who may have seen the vehicle or has dashcam footage from the area during the relevant times to contact us immediately.

“This collision, which tragically resulted in the death of a pedestrian, happened near Caer Salem Baptist Chapel between 6:45pm and 7:45pm on Monday, December 23, as the man was walking his dog.

“Our investigation indicates the vehicle was travelling northbound through Llanpumsaint at the time of the incident.”

The road is expected to remain closed for some time while enquiries continue. Police stress that any piece of information, no matter how small, could be crucial in identifying and locating the driver. Anyone with information is urged to contact Dyfed-Powys Police immediately using the details provided in the comments.