Crime
Judge blasts ‘hearsay’ evidence in Niall Taylor driving appeal case
Crown Court criticises magistrates’ reliance on email and questions CPS preparation as Milford Haven pensioner fights conviction
A CROWN Court judge has criticised magistrates for relying on “hearsay” material to convict Milford Haven pensioner Niall Taylor, saying he is entitled to appeal and entitled to a fair hearing.
Taylor, 76, of Haven Drive, Hakin, appeared at Swansea Crown Court on Tuesday (Jan 13) for a mention hearing in his appeal against conviction.
The court was told Taylor had previously been convicted at Haverfordwest Magistrates’ Court of driving otherwise than in accordance with a licence and using a motor vehicle without insurance.
Taylor had initially pleaded not guilty, but changed his plea part way through a trial. Questions were later raised over whether that guilty plea was equivocal, and the case was subsequently reopened under section 142 of the Magistrates’ Courts Act 1980.
A full rehearing followed, with Taylor entering not guilty pleas. He was found guilty after a trial of the facts and sentenced on Wednesday (Dec 3).
However, at the Crown Court hearing this week, HHJ Geraint Walters voiced serious concerns about the material relied upon to secure the conviction.
The judge was told the magistrates had convicted Taylor after relying on email evidence without a formal witness statement from its author.
Judge Walters said that without a statement, the evidence amounted to “hearsay”, and questioned whether the magistrates had properly applied the law.
He asked: “Do the magistrates know the law? Was this a lay bench?”
Judge Walters also criticised the prosecution’s approach to the appeal, suggesting it was not sufficiently prepared.
He said: “I am triageing all appeals to this court and I want to see this appeal apple pie ready when it comes before me in three weeks time. We won’t hear the case then but we will look at progress.”
The judge questioned the prosecution’s handling of the appeal, asking: “Where is the obligation on the Crown to fairly assist a person appealing and representing themselves?”
During the hearing, Judge Walters warned that if the case was not properly prepared and progressed, it could become drawn into further litigation — potentially even reaching the High Court — and that this could result in it being sent back down to the magistrates’ court again.
The matter will return to Swansea Crown Court in around three weeks for a progress hearing. The appeal itself will not be heard at that stage, but the judge said he expects the case to be ready for effective case management.
The Pembrokeshire Herald understands the appeal will focus on the insurance conviction.
Why the judge’s criticism stands out
The core issue the judge highlighted was the reliance on email evidence without a formal witness statement from its author. Under English and Welsh evidence rules:
- Hearsay evidence (out-of-court statements offered to prove the truth of the matter asserted) is generally inadmissible unless it falls under a specific exception or is admitted via a formal process (e.g., under the Criminal Justice Act 2003 provisions for business documents, res gestae, or other gateways).
- An email, without supporting witness testimony or a formal statement, would typically constitute hearsay if used to prove key facts (such as the status of insurance or licence details).
- The judge explicitly called this “hearsay” and questioned whether the magistrates had properly applied the law on admissibility.
Crime
Fraudsters posing as police officers target residents in cash and card scam
Public urged to hang up and verify calls using a different phone
AN INCREASING number of reports have been received of criminals impersonating police officers in an attempt to trick victims into handing over cash or bank cards — either directly or via a courier.
The fraudsters use sophisticated and convincing tactics to gain trust. They may already have basic personal information, such as a victim’s name and address, which can often be easily obtained online, making the call appear legitimate.
Rebecca Williams, Fraud Safeguarding Officer, said: “These criminals are extremely convincing and may even suggest that the victim dials 999 to verify their identity. However, they remain on the line and do not disconnect the call, meaning when the victim attempts to ring the police, they are still speaking to the fraudster.
“We strongly advise anyone who receives a suspicious call to use a different phone — such as a mobile — to verify the caller’s identity, or to contact a trusted friend or family member before taking any action.
“If you have received a call like this, or have been persuaded to send money, please do not feel embarrassed or ashamed. These criminals use coercive and manipulative tactics to exploit trust and create panic.
“Dyfed-Powys Police are here to support you. We are continuing to assist victims who have lost tens of thousands of pounds through this scam.”
Police have issued a clear reminder that officers will never:
• Ask you to withdraw cash, send money or hand over your bank cards
• Send a courier to collect cash, bank cards or valuables from your home
• Contact you unexpectedly and request that you withdraw money as part of an investigation
Anyone who receives a suspicious call is urged to hang up immediately and report it to police or Action Fraud.
Crime
Drug raid in Penparcau leads to two charged
Class A drugs, cash and suspected supply items seized during warrant in Aberystwyth
POLICE have charged two people following a drugs warrant executed at a property in Penparcau, Aberystwyth.
Officers carried out the warrant under the Misuse of Drugs Act on Friday (Feb 27), as part of an operation targeting the supply of illegal substances in the area.
During a search of the address, police recovered a quantity of Class A drugs, cash and items believed to be linked to drug dealing.
Gareth Farr, aged 45, of no fixed abode, and Chloe Evans, aged 38, of Penparcau, have both been charged with possession with intent to supply Class A drugs.
The pair appeared before Haverfordwest Magistrates’ Court on Monday (Mar 2), where they were remanded in custody pending further court proceedings.
Two other individuals arrested in connection with the investigation have been released on bail while enquiries continue.
PC Sturdy, from the Neighbourhood Policing and Prevention Team, said: “This warrant forms part of our continued efforts to disrupt the supply of illegal drugs in our communities. Drug-related activity causes significant harm, and we remain committed to targeting those involved.”
Police are urging anyone with information about suspected drug activity to contact Dyfed-Powys Police, or to report anonymously via Crimestoppers on 0800 555 111 or online.
Crime
Pencoed: Assault victim dies and murder investigation launched
THE POLICE investigation into the serious incident which happened on Felindre Road, Pencoed, in the early hours of Saturday, February 28, is now being treated as murder.
We can confirm the 58-year-old man who was critical in hospital passed away earlier today – his family are being supported by specially trained officers at this time, and our thoughts are with them.
The Major Crime Investigation Team at South Wales Police is now leading the investigation, and the 26-year-old man arrested remains in police custody.
Detectives investigating the incident are appealing to anyone who may have been in the vicinity of Felindre Road, Pencoed, between midnight and 5am on Saturday to get in touch.
Motorists are urged to their check dashcams for any footage which may be relevant.
Detectives would like to speak to two potential witnesses – two elderly people who are believed to have walked along Felindre Road between 12.30am and 4am on Saturday.
Detective Inspector Graham Williams, from the Major Crime Investigation Team, said: “Sadly, a 58-year-old man has died in hospital following the incident on Saturday morning. Our thoughts are with his family at this time and they are being supported. I would like to reassure the local community that we have somebody in custody and are not looking for anybody else at this time. I thank everyone in the community who has helped our investigation so far, and I urge anyone with information which may be relevant to our investigation – particularly the two potential witnesses – to get in touch.”
If anybody does have information, they should contact 101 quoting reference 2600063517. Alternatively, they can submit information via the Major Incident Public – https://mipp.police.uk/operation/62SWP26C30-PO1
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