Crime
Jury discharged after failing to reach verdict in historic abuse trial
CPS have a week do decide if they wish to pursue a re-trial, judge confirms
THE JURY has been discharged in the trial of a Milford Haven man accused of historic child sex offences after telling the court it was unable to reach a verdict, even by majority.
Thomas Kirk, aged 50, of Meyler Crescent, Milford Haven, is charged with the oral rape and sexual assault of a child, with the offences alleged to have taken place in Pembrokeshire between 2007 and 2009, when the complainant was aged between thirteen and fifteen. He denies the charges.
On Thursday (Dec 18), the jury returned to Swansea Crown Court and was asked whether it had reached a verdict on either count upon which at least ten jurors were agreed.
The foreman replied: “No.”
Judge Paul Thomas KC then asked whether there was any realistic likelihood that further deliberations would lead to a verdict being reached.
The foreman replied: “No, your honour.”
Judge Thomas KC said that in those circumstances he would discharge the jury and give the prosecution seven days to decide whether it would seek a retrial.
Addressing the jurors, the judge said they should not think they had failed or let anyone down.
“These things happen,” he said. “It’s one of the strengths of the jury system that people hold different views.”
He thanked the jury for their service and wished them a Merry Christmas and Happy New Year.
The court heard that the prosecution will now consider its position, with a further hearing expected next week to determine whether a retrial will take place.
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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