Crime

Man with limited mental capacity sees child grooming conviction overturned

Published

2 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

Police offer advice after 60 reports of stolen quad bikes from farms

Published

3 hours ago

November 23, 2024

Tom Sinclair

DYFED-POWYS POLICE is advising the rural community to make sure security measures are in place to protect quad bikes and other farm equipment, in response to a spate of thefts.

There have been over 60 reports of stolen quad bikes across the force in 2024.

Farmers and other owners of quad bikes are reminded to be vigilant of suspicious vehicles and people in their community and to report any concerns to police.

Dyfed-Powys Police has acquired 150 SelectaDNA Rural Kits to support their efforts in combating rural crime. These advanced DNA asset-marking kits will be used to offer free property marking services to farmers, helping them protect their valuable equipment and machinery.

In addition to property marking, our Rural Crime Team officers, who are also qualified Crime Prevention Tactical Advisors (CPTAC), will visit farms to conduct comprehensive crime prevention audits. These audits are designed to ensure farms have the best security measures in place to deter criminal activity and safeguard their livelihoods.

The SelectaDNA Rural Kits use a unique DNA solution that can be applied to tools, vehicles, machinery, and other valuable assets. This marking is virtually invisible but can be detected under UV light, providing an indisputable link between stolen property and its rightful owner. This has proven to be a powerful deterrent against theft and an invaluable tool in recovering stolen items.

Rural communities are often targeted by criminals due to their remote locations and the high value of farming equipment.By offering free property marking and crime prevention visits, Dyfed-Powys Police aim to empower farmers with effective tools and advice to protect their assets and reduce the risk of crime.

Sergeant Paul Roberts from our Rural Crime Team, said: “I ask that local farmers and other quad bike owners take appropriate action to minimise the opportunities of these thefts occurring. This includes removing keys from ignitions after use and locking barns or outbuildings wherever the vehicles may be kept.

“I’m aware that thefts of quad bikes and farming machinery causes disruption to farmers’ work, as well as the financial implications, and I would like to reassure the public that police are thoroughly investigating these matters.

“I encourage anyone living in rural communities to remain vigilant to this type of theft, and to report any suspicious vehicles or behaviour to police either online at: https://bit.ly/DPPContactOnline, by emailing [email protected], or by calling 101. Alternatively, contact the independent charity Crimestoppers anonymously by calling 0800 555111, or visiting crimestoppers-uk.org.”

The Rural Crime Team will be attending marts across the force, where community members can bring items such as tools, machinery, and bikes to be marked.

Farmers can also arrange a visit from our Rural Crime Team to mark equipment and conduct a security audit by emailing [email protected]

Visit our website for more information and advice about rural crime and what prevention measure you can take – https://www.dyfed-powys.police.uk/advice/advice-and-information/rc/rural-crime/

Crime

Mother admits to killing seven-year-old son in Haverfordwest

Published

1 day ago

November 22, 2024

Luke Sinclair

A mother has admitted to the manslaughter of her seven-year-old son at their home in Haverfordwest, citing diminished responsibility.

Papaipit Linse, 43, appeared at Swansea Crown Court on Friday (Nov 22), where she denied murder but pleaded guilty to manslaughter in connection with the death of her son, Louis Linse. Prosecutor Caroline Rees KC confirmed the manslaughter plea would be accepted, stating it “did not come as a surprise” to the prosecution.

The incident occurred on 10 January when police were called to a property on Upper Market Street. Louis was rushed to Withybush General Hospital but tragically died shortly afterwards.

During the hearing, Linse, who spoke only to confirm her name and enter her pleas, was informed that she would be sentenced on 13 December. Judge Paul Thomas KC described the case as “clearly a very sensitive as well as a very tragic case.”

The court was told that Linse is currently receiving treatment at the Caswell Clinic, a mental health facility in Bridgend. Psychiatric evidence is expected to be presented during the sentencing hearing to provide further insight into the circumstances surrounding the case.

Crime

Court hears man exposed his flaccid manhood ‘by accident’

Published

4 days ago

November 19, 2024

Court Reporter

A 21-YEAR-OLD Pembrokeshire man has appeared before magistrates charged with intentionally exposing his genitals in a public place.

Thomas Jones is accused of carrying out the act at a property in New Moat, Clarbeston Road, on November 9, 2022.

“The defendant knocked on the door of a female and offered his gardening services,” Crown prosecutor Nia James told Haverfordwest magistrates this week.

“She accepted his offer and moved her car so that he could move his van, but when she turned around, she could see his flaccid penis was outside his trousers. When she pointed this out to him, he said he didn’t know that it was exposed.”

Jones denies the charge. He was released on unconditional bail to await his trial at Haverfordwest magistrates court on January 6.