News

Rapist councillor to appeal child sex conviction

Published

6 years ago

July 25, 2018

THE FORMER Mayor of Pembroke and convicted child rapist Dai Boswell is to appeal his conviction of historic child sex offences.

The Herald has been told by Pembrokeshire County Council that Boswell lodged an appeal against conviction and sentence last week.

The St Mary North representative’s conviction had led to calls on social media for him to be somehow ‘sacked’ as a councillor.

However, due to a 46-year-old piece of legislation, Boswell is still able to receive his allowance as a member of the County Council and there is nothing the Council can do to stop it.

The fact that the former Mayor of Pembroke, who has been convicted of a string of historical sex offences is able to continue to receive his allowance has caused understandable outrage. However, PCC are powerless to remove him as a councillor due to the terms of the Local Government Act 1972.

The power to amend the legislation and change the criteria for when a councillor may and may not remain in post is under the control of the Welsh Government, and amending the law would require specific legislation to the Welsh Assembly, which is now in recess.

The law currently means that steps to disqualify a councillor can only be taken if they fail to appeal to the conviction within 28 days of sentence being passed upon them – in Boswell’s case that no longer applies.

As he is appealing his conviction, Boswell cannot now be disqualified under the provisions of the relevant part of the Act covering disqualification until the conclusion of the appeal process and only then if his conviction is upheld.

To heap further misery upon the Council – which is copping an extraordinary amount of criticism – there is nothing it can do to either short-circuit that process or to take steps that would amount to going behind it by suspending the paedophile councillor until the end of his appeal.

When we asked the County Council to explain the position for our readers, a spokesperson told us: ”Pembrokeshire County Council is aware that there is some speculation around the position of Councillor David (Dai) Boswell following sentencing on 13 July for extremely serious sexual offences against two children.

“Unless the Councillor resigns from his position, the Council can only disqualify a Member if, since election, he has been convicted of an offence and has been sentenced to imprisonment for a period of not less than three months.

“Conviction is deemed to occur on expiry of the period allowed for making an appeal or application with respect to the conviction (the defence has 28 days in which to serve an appeal notice following conviction), or the date on which such appeal/application is finally disposed of. Councillor Boswell submitted a notice of appeal against all convictions and sentence on 16 July.

”Councillor Boswell retains his seat and is currently entitled to receive a salary. The Council cannot declare a vacancy until the appeal process is completed or, if the date is sooner, the date six months from which he has failed to attend a meeting of the Council, that date being 23 October 2018.”

In short, due to the way the Local Government Act was drafted almost half a century ago, a ‘conviction’ does not become what might be deemed ‘a final conviction’ until after a failed appeal and Boswell remains a councillor until that point and entitled to his remuneration as such.

However, a possibility remains open for the Council to pursue in order to rid itself of Boswell in a few months’ time.Under the law, if a councillor fails to attend a meeting for a period of six months, they can be removed and a by-election called.

Child-rapist Boswell last attended a meeting of the Council on April 23.The period of six months for disqualification runs forward from that date and continues to run at the same time as any period following conviction, sentence, and/or appeal. It is highly unlikely that any Judge would even consider an application to set aside any decision by the Council to remove Boswell from his Pembroke St Mary’s seat after the six month period had elapsed, unless further assurances had been given to Boswell by Council officers in relation to the rule’s operation upon him before St George’s Day or afterwards.

We asked the NSPCC whether they were actively lobbying for a change in the law to prevent such a scandal occurring again.

An NSPCC spokesperson said: “Boswell was convicted of appalling sex offences against children and it is right that he now faces many years behind bars where he cannot harm others.

“It is wrong that someone convicted of sexual crimes against children can continue to serve as an elected official for any period of time and we support a change to the law to ensure situations like this are not repeated.”

The key point is that it is a change in the law which is required, not unilateral and unlawful action by the Council, however well-intentioned.Moreover, the WLGA developed the same point in its press statement on the Boswell case.

After pointing out the extreme rarity of cases such as Boswell’s, a WLGA spokesperson said: “The issue in question is a legal anomaly in the current framework that needs to be urgently addressed. A guilty verdict does mean an automatic disqualification, following a 28-day window for a possible appeal.

“This is where the problem is located and needs urgent review, especially as this deplorable offence is a fundamental breach of the statutory duty that councillors have to ensure that all children within local authority areas are safeguarded and protected.”

Meanwhile, councillors will be ruing the advice tendered to Boswell by Monitoring Officer Claire Jones last year – namely, that he did not have to attend council meetings as seminars would do – that issue now is more to do with the confidence they can have in the Monitoring Officer.The Herald has spoken to a number of councillors, all of whom are less than impressed by the position into which the Monitoring Officer’s advice to Boswell has placed them, with one suggesting it would be hard for Ms Jones to regain members’ trust in the validity of her judgements in light of the mess.

Those feelings are intensified by the fact that had Boswell applied for a leave of absence under the rules, as a person innocent until proven guilty it would have been bound to have been granted. It is possible that in seeking to avoid one unpopular decision, a ‘solution’ was reached which has now come back to bite those officers involved in the original decision. A decision upon which no councillors were consulted.

That confidence will have been further eroded by the extraordinary debacle that saw members of the Council’s staff scuttling around County Hall to find records and a dramatic reinterpretation of the status of a sandwich lunch attended by Boswell in November 2017 before James Goudie QC was able to support the Monitoring Officer’s peculiar interpretation of the rules and regulations.

Crime

Unanimous verdict in Ceredigion sexual assault case

Published

2 hours ago

May 3, 2024

Tom Sinclair

A CEREDIGION man has been convicted to three years and six months in prison for sexually assaulting a woman in her own bed after the jury returned a unanimous guilty verdict.

27-year-old Suroj Bk, from Llangrannog, was sentenced this week following a week-long trial at Swansea Crown Court (May 1).

On 7 October 2023, Dyfed-Powys Police received a report that Bk entered the victim’s home and sexually assaulted her while she lay in her bed.

When the victim realised what was happening, she kicked Bk out of her bed and called the police.

Upon receiving the report, officers quickly attended the victim’s home and conducted a thorough search of the surrounding area using police dogs and scenes of crime officers.

Evidence gathered from scene, together with extensive local enquiries, led officers to arrest Suroj Bk the next day (8 October).

While Bk was in custody, detectives, crime scene investigators, and digital forensic officers worked tirelessly to uncover the evidence that ultimately placed Suroj Bk at the scene.

After hearing the evidence, the jury took less than two hours to agree a unanimous guilty verdict.

The detective in charge of the case has praised the victim for her ‘tremendous courage’ in reporting the assault to police.

“Incidents of this nature are thankfully very rare within Ceredigion, and I’d like to reassure the community that this was an isolated incident, and that the identification and arrest of suspect was done quickly and efficiently,” said Detective Inspector Sam Gregory.

“The victim in this case demonstrated tremendous courage in reporting to police, and while this investigation was not straightforward in its nature, it was through the expertise and tenacity of forensic officers, working together with the investigation team, and the victim, that led to this successful prosecution.

“I hope the sentence given to Suroj Bk sends a clear and strong message that Dyfed-Powys Police takes reports of sexual offences seriously.

“We will listen to you, and we will work tirelessly to get justice.”

On Wednesday, 1 May 2024, Saroj Bk was sentenced to three years and six months in prison and a five-year restraining order, and he will be on the sex offenders register for life.

If you have been a victim of a crime such as this, report it to Dyfed-Powys Police either through a direct message on social media, online at: https://www.dyfed-powys.police.uk/ro/report/rsa/alpha-v1/v1/rape-sexual-assault-other-sexual-offences/, by emailing [email protected], or by calling 101.

In an emergency, always call 999.

If you are deaf, hard of hearing, or speech impaired text the non-emergency number on 07811 311 908. Alternatively, contact the independent charity Crimestoppers anonymously by calling 0800 555111, or visiting crimestoppers-uk.org.

News

Body recovered confirmed to be Luke Stephenson, say police

Published

2 hours ago

May 3, 2024

Tom Sinclair

DYFED-POWYS police have said today that the body found on Wednesday, May 1, has been confirmed to be Luke Stephenson, who was reported missing from the Pembroke Dock area on April 14.

A spokesperson for the force said: “We will continue to support the family and will assist with issuing a tribute publicly if the family wish to do so.”

In a statement, his family said: “Luke was a joyful and funny young man and always wanted to help others. He was a loving son, brother, grandson and uncle, and will be forever missed.
“We have lost a huge part of our family, and our loss is shared by his many friends who also loved him dearly.
“We would like to thank the local community for the overwhelming support we have received.”

Business

Port of Milford Haven now official ‘a great place to work’

Published

5 hours ago

May 3, 2024

Tom Sinclair

THE PORT of Milford Haven has been officially accredited as a Great Place to Work-Certified™ organisation. As the first Port Authority in Britain to secure this Certification™, it is a significant achievement.

“We are very proud to be Great Place to Work-Certified™,” said Vidette Swales, HR Director at the Port of Milford Haven. “It means so much that our employees have reported a consistently positive experience with their colleagues, their leaders and their jobs. Offering a positive employee experience is not only beneficial for the people who work with us but is also key for our continued business success.”

Tom Sawyer, CEO at the Port of Milford Haven added: “Our team is operating the UK’s leading energy port, and it is of the utmost importance that we do that safely, responsibly and effectively. We’re striving for excellence and aim to provide a world class service to our customers as well as supporting sustainable coastal communities for the prosperity of future generations. Our employees are clearly at the centre of this which is why I’m delighted that they feel supported in their role. I’m especially proud that this Certification™ demonstrates our core values of Safety, Excellence, Collaboration and Sustainability so perfectly.”

“We congratulate the Port of Milford Haven on achieving their Certification™,” said Benedict Gautrey, Managing Director of Great Place to Work® UK. “Organisations which put the employee experience at the heart of their business gain their employees’ trust and, in turn, are truly able to build a great workplace culture that delivers outstanding business results.”