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Rapist councillor to appeal child sex conviction

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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 o​f​ 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

Man charged with attempted murder after Carmarthen park incident

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57-year-old due in court following alleged knife and stalking offences

A MAN has been charged with attempted murder following a serious incident in Carmarthen town centre last week.

Dyfed-Powys Police confirmed that James McKenna, aged 57, from Carmarthen, has been charged with attempted murder, possession of a bladed article in a public place, and stalking.

The charges relate to an incident in Carmarthen Park on Thursday (Jan 29), which prompted a significant emergency services response and caused concern among residents.

Police have not yet released full details of the circumstances, but officers were seen in and around the park area for several hours following the incident while enquiries were carried out.

McKenna is due to appear before Llanelli Magistrates Court on Thursday (Feb 5).

The Herald understands the case involves allegations of both violence and targeted behaviour towards an individual, with stalking listed among the charges.

Public concern

Carmarthen Park is a popular and busy public space used daily by families, dog walkers and joggers, and incidents of this severity are rare.

The news has prompted concern locally, particularly as the alleged offences include possession of a knife in a public place.

Residents have previously raised questions about safety in parks and open spaces across west Wales, especially during darker winter evenings.

Court proceedings

At this stage, the charges remain allegations and the case will now proceed through the courts.

Magistrates will decide whether the case is sent to Crown Court due to the seriousness of the attempted murder charge.

Further details are expected to emerge during Thursday’s hearing.

The Herald will be attending court and will provide updates as they become available.

 

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Crime

Sex offender jailed after living off grid in Pembrokeshire and refusing to register

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Man walked into police station after months avoiding authorities

A CONVICTED sex offender who told police he intended to live “off grid” rather than comply with legal monitoring rules has been jailed after handing himself in at a Pembrokeshire police station.

Christopher Spelman, aged 66, of no fixed address, appeared for sentence at Swansea Crown Court after admitting breaching the notification requirements of the sex offenders register.

The court heard Spelman was released from prison in Dorset on July 4 last year but immediately refused to provide police with an address, despite being legally required to do so within three days.

Instead, he indicated he planned to buy a tent and live outdoors.

Prosecutor Brian Simpson said officers subsequently launched a nationwide search when Spelman failed to make contact with police. Public appeals were issued and his case featured on the television programme Crimewatch.

Detectives believed he had been travelling around the UK using public transport and staying at campsites. He was known to have links to several areas including Merseyside, Manchester, Devon, Cornwall and Hampshire.

His whereabouts remained unknown until January 3 this year, when he walked into Haverfordwest police station and was arrested. It is unclear how long he had been in Pembrokeshire.

Spelman previously served seven years in prison after being convicted in 2014 of 12 counts of sexually assaulting a girl under the age of 14. He was placed on the sex offenders register for life.

The court heard this was not the first time he had failed to comply with the rules. After an earlier release in 2016, he again failed to register his address and avoided police for around five years before being caught.

He has 11 previous convictions for 29 offences.

Defence barrister Andrew Evans described the case as unusual and said his client had long disputed his original conviction and had expressed a wish to live “outside society”.

However, he said Spelman had gradually accepted that he remained subject to court orders and now wanted more stable accommodation and a chance to rebuild his life. The defendant asked the court to impose a custodial sentence so arrangements could be made for his future release.

Judge Geraint Walters noted there were signs Spelman wished to change but warned that any further breaches would result in longer prison terms.

With credit for his guilty plea, Spelman was sentenced to 10 months in prison. He will serve up to half in custody before being released on licence.

 

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Crime

Former Wales rugby star admits Christmas Day drink-driving offence

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Ex-Ospreys captain was almost twice over limit in Pembroke town centre

Former Wales back row Jonathan Thomas has admitted driving through Pembroke town centre on Christmas Day when he was almost twice over the drink-drive limit.

This week Haverfordwest magistrates heard that Thomas, 43, was stopped by officers as he drove his Mercedes CLA 220 along The Green, Pembroke, at around 5pm on Christmas Day.

“The officers were very concerned at the manner of his driving, as the car was being driven erratically and was swerving to the other side of the road,” said Crown Prosecutor Sian Vaughan.

“When Jonathan Thomas got out of the car, the officers could see that he was having difficulty standing and was unsteady on his feet.”

Subsequent breathalyser tests showed Thomas had 62 mcg of alcohol in his system, the legal limit being 35.

Thomas, who has no previous convictions, pleaded guilty to the drink-drive charge and was represented in court by solicitor Jess Hill.

“He has family in the area and had travelled to spend time with them on Christmas Day,” she told the magistrates. “He’s very remorseful for his actions and hugely regrets his decision that day.”

Jess Hill concluded by saying that Thomas is currently “between jobs and living off his savings”.

Thomas, who gave his address as Main Road, Bredon, was disqualified from driving for a total of 18 months.

“The length of your disqualification reflects the fact that you were more than a little bit over the limit,” commented the presiding magistrates when imposing sentence.

He was fined £120 and ordered to pay £85 costs and a £48 court surcharge.

The former Wales back row left his role as Swansea RFC head coach at the beginning of December 2025 as a result of ongoing health concerns. He was forced to retire from playing in 2015 on medical advice after being diagnosed with epilepsy and is one of the 390 former rugby union players currently taking part in a concussion lawsuit against the sport’s authorities.

“Long-standing issues linked to the head trauma have caused me some concern recently and it has been impossible for me to give the role everything it needs,” he said in a previous interview with the BBC.

His rugby career started out with Pembroke RFC juniors before moving to Swansea RFC, which he captained when he was 19. He then joined the Ospreys where, over a ten-year period, he won four league titles and an Anglo-Welsh Cup. He was the youngest player to captain the Ospreys and, at the time of leaving, was the joint highest appearance holder, together with Andrew Bishop, on 188 appearances.

His international career saw him play for Wales at Under-16, Youth, Under-19, Under-21 and Sevens levels. He made his senior international debut against Australia in 2003, featured at the 2007 Rugby World Cup and was part of two Six Nations Grand Slam-winning sides in 2005 and 2008. Between 2004 and 2011, Thomas was included in every Wales Six Nations squad. In his appearances for Wales, he scored seven tries.

 

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