Crime
Campaign gains momentum for Pembrokeshire man wrongly jailed for sex offences
Pressure is being put on the Government to compensate a Pembrokeshire man who spent five years in prison for sex crimes he did not commit.
Brian Buckle was wrongfully convicted in 2017 of 16 counts of rape and sexual assault. A Court of Appeal quashed his conviction and at his retrial, a jury found him not guilty on all charges after just one hour’s deliberation.
But despite his exoneration, Brian Buckle has been denied financial compensation by the Ministry of Justice, claiming his case fails to prove ‘beyond reasonable doubt’ that he did not commit the offences.
Now Brian’s family, with the support of his barrister Stephen Vullo KC, is calling for a fair compensation scheme to be implemented for his wrongful convictions. A petition launched by his wife, Elaine, is calling for a parliamentary reform, and the petition has already been signed by over 38,000 people.
“My family sacrificed everything to clear my name,” said Brian Buckle.
“ My father-in-law sold his house to fund my legal fight and the emotional and financial toll has been devastating. My wife’s inheritance is gone, and the money spent on legal fees can never be recovered.
“I lost a well-paying job I’d held for 16 years, I missed my daughter’s 18th and 21st birthdays and I missed irreplaceable moments with my family.
“Now I’m living with PTSD, and even though I’m a free man, the trauma of those five years will never fully leave me.
“I don’t want millions – I just want recognition of the injustice I suffered and the chance to rebuild my life.”
The total amount spent by Brian Buckle’s family to clear his name stands at £500,000 This is equal to the total amount of compensation that Brian was able to apply for. A letter from the Ministry of Justice arrived almost a year after he first submitted his application and the assessor, who had never spoken to Brian or his legal team, concluded he wasn’t eligible for a pay-out because there was insufficient proof that he had hadn’t carried out the offences.
“What do I need to do to prove that I’m an innocent person?” says Brian. “I’ve lost five years of my life, my job, my pension. People are absolutely gobsmacked when you tell them I’ve been refused compensation.”
In a previous BBC statement, The Ministry of Justice said it acknowledges the ‘grave impact of miscarriages of justice’ and is ‘committed to supporting individuals in rebuilding their lives’.
For hundreds of years it has been accepted that someone is presumed innocent until a court of law finds them guilty, however, following a small but significant law change in 2014, if a victim of a miscarriage of justice in England and Wales wants to receive compensation, they must not only be cleared, but also demonstrate they are innocent. But according to Stephen Vullo KC, this reverses the burden of proof and says this is ‘an almost impossibly high hurdle over which very few people can jump’.
Mr Vullo believes the legislation change was designed so that money would not be paid out. “It’s not by accident, it’s by design,” he says.
Government figures show that around 93% of compensation applications have been rejected by the Ministry of Justice since 2016.
Brian, who lives in Fishguard, is being politically supported by his MP Ben Lake, who said he was ‘appalled’ after hearing about his case.
“Sadly, miscarriages of justice happen,” he said. “They always have and they always will.
“But when we have a situation where an individual has been incarcerated for whatever reason for incorrect evidence or incorrect judgements, we should ensure that they are compensated for that.”
Mr Lake said that any law change should be made retrospectively, enabling the Buckle family to benefit.
Meanwhile Brian Buckle continues his battle to pick up the pieces following his wrongful term in prison.
“I will take what happened to me to the grave,” he said. “Money is not going to change how I am mentally, but it’s the principle of the justice system admitting that they got it wrong.”
Brian Buckle’s petition can be signed on this link
Crime
Local carpenter retains driving licence despite previous ban
A Herbrandston carpenter has been allowed to keep his driving licence despite a previous driving disqualification for using his mobile phone whilst driving.
Addressing District Judge Mark Layton at Haverfordwest Magistrates Court this week, Simon Shaw stressed the disqualification was having a major impact on his work commitment as well as his ability to support members of his family.
“If the ban continues, at least two of my five employees will have to be lost” said Shaw, who works as a self-employed carpenter operating from Herbrandston and the Milford Haven Industrial Estate.
“We travel throughout the whole of West Wales and also work at Thorne Island, where we’ve been providing logistical support for renovations for the last four years.”
Shaw, of Triplestone Close, Herbrandston, went on to say that his business has only one other driver who works as a reserve fire fighter.
“As a result, he’s not available to provide the 24 hour cover we provide to various care homes in the county,” he said.
Simon Shaw concluded by stating that his daughter is also dependent on his support having recently given birth to twins while his son-in-law and his partner’s mother are both currently undergoing serious healthcare treatments.
“I’m trying to provide as much logistical support for them as I can, but without my driving licence, this is impossible,” he said.
After listening to his comments, Judge Layton granted Shaw permission to retain his licence.
Crime
Delivery driver caught twice over legal drink-drive limit
A DELIVERY driver has been banned from the roads after being caught behind the wheel when he was over twice the legal drink-drive limit.
Twenty-nine year old Sam Rowe was stopped by officers just before 9.30 am on April 20 as he drove his Vauxhall Vivaro along Ferry Lane in Pembroke Dock.
“His speech was slurred and his eyes were bloodshot,” Crown Prosecutor Linda Baker told Haverfordwest Magistrates Court this week.
“There was also a strong smell of intoxicants emanating from him.”
When spoken to by the officers, Rowe stated he’d drunk a pint of alcohol approximately an hour before being stopped, however subsequent breathalyser tests showed he had no less than 75 mcg of alcohol in his system. The legal limit is 35.
Rowe, of Hazel Close, Pontypool, pleaded guilty to the offence and was represented in court by solicitor Michael Kelleher who informed the court that the defendant was holidaying in Pembrokeshire at the time of the offence.
“His daughter fell ill and he was attempting to find painkillers for her at a supermarket,” he said. “He’s very remorseful and is now going to lose his job as a delivery driver.”
Rowe, who has no previous convictions, was disqualified from driving for a total of 20 months. He was fined £120 and ordered to pay £85 court costs and a £48 surcharge.
Crime
Police tip-off leads to driving ban for Milford motorist
A PEMBROKESHIRE motorist has lost his licence after police received information that the 40-year-old male may have been driving under the influence of drugs.
This week Haverfordwest Magistrates court was told that at around 8.30pm on November 22 officers received a call informing them that Michael Miles was suspected of driving his Peugeot Bipper through Milford Haven after consuming drugs.
Miles was subsequently stopped on Marble Hall Road and when spoken to by the officers, he informed them that he was a drug user. A saliva sample tested positive for cocaine while further tests carried out at the police station showed that Miles had 760 mcg of the cocaine metabolite benzoylecgonine in his system, the legal limit being 50.
Miles, of Milford Road, Steynton, chose to be legally unrepresented in court and pleaded guilty to the drug-driving charge.
The probation service said he was very remorseful for the offence and has since had appointments with the Dyfed Drugs and Alcohol Service to help him deal with his drug usage. Miles was served with an interim driving disqualification however as a result of his previous non-payment of fines, his punitive sentencing was adjourned to Thursday, May 7.
“If you pay your outstanding fines before Thursday, you will be fined for this offence,” warned District Judge Mark Layton. “But if you don’t pay, you will be given a custodial sentence.”
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