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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.

 

Local Government

Catapult attacks suspected after wildlife deaths at Pembroke Mill Pond

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Wildlife Crime Officers are investigating after the town council said around five animals showed signs of deliberate injury

WILDLIFE found dead around Pembroke Mill Pond may have been deliberately targeted with a catapult, Pembroke Town Council has said.

The statement follows earlier reporting by The Pembrokeshire Herald after residents raised concerns about several dead birds, including ducks, discovered around the Mill Pond and nearby Ferry Lane.

Photographs shared on social media prompted calls for an investigation, with some residents questioning whether the deaths could be connected to algae visible on the pond or a deterioration in water quality.

However, the town council has now said its representatives visited the area and recovered some of the dead wildlife.

According to the council, around five different animals appeared to have suffered injuries consistent with being intentionally targeted using a catapult.

The findings have been passed to Wildlife Crime Officers, who are understood to be investigating. The cause of the deaths has not yet been independently confirmed and will remain a matter for the police investigation.

Pembroke Town Council said: “This is an extremely distressing and cruel act against wildlife.”

The council also sought to reassure residents that it did not believe the deaths were connected to the condition of the pond.

It said Aqua Clear had been employed for the past seven years to manage algae growth and control the spread of reeds.

According to the council, the programme has reduced algae levels by approximately 45 per cent, while the water quality continues to be monitored and remains in good condition.

The council added: “We are aware that there has been speculation on social media suggesting that the deaths may be linked to the water quality or algae currently present in the pond. We would like to reassure residents that this is not the case.”

Pembroke Mill Pond is one of the town’s best-known beauty spots and supports a wide variety of birds and other wildlife.

The council said it strongly condemned all forms of cruelty and urged anyone who had witnessed suspicious behaviour around the pond, or who had information that could assist the investigation, to report it immediately.

Information can be provided anonymously to Crimestoppers on 0800 555 111.

The council thanked residents for raising the alarm and for their continued concern for the pond and the animals living there.

The Herald’s earlier report recorded residents’ concerns about dead birds around the Mill Pond and Ferry Lane. The latest statement confirms that the council believes the visible algae was not responsible and that injuries found on approximately five animals pointed towards suspected deliberate attacks.

 

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Crime

Police issue counterfeit £20 warning ahead of Royal Welsh Show

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Businesses and members of the public across the Dyfed-Powys area are being urged to check banknotes carefully after fake currency was reported in Builth Wells

DYFED-POWYS POLICE has issued a warning after receiving an increased number of reports of counterfeit £20 notes being circulated in the Builth Wells area.

Although the reports have so far centred on the town, the warning is relevant to businesses and residents across the force area, particularly with thousands of visitors expected to travel to Powys for the Royal Welsh Show.

Police are urging shopkeepers, hospitality businesses, market traders, taxi drivers and members of the public to examine any £20 notes they receive.

A genuine Bank of England polymer £20 note contains several security features. When the note is tilted from side to side, the word “twenty” inside the oval hologram should change to “pounds”.

The holographic section should also appear multicoloured when moved. Genuine polymer notes have a smooth, slightly glossy texture, with raised printing on areas including the words “Bank of England”.

Signs that a note could be counterfeit include the word “twenty” failing to change when the note is tilted, the holographic section remaining silver and the note having an unusual texture or thickness.

On some fake notes, the holographic patch may also appear out of alignment because it has been glued into place.

Police are also warning people to look out for so-called “prop notes”, which may have the words “prop” or “copy” printed on them.

In some cases, these words are covered with a foil sticker intended to resemble the security hologram on a genuine banknote. Police said these notes are still considered counterfeit under UK law, even when the wording remains visible.

Anyone who suspects they have received a counterfeit note should avoid attempting to spend it and should report the matter to police.

Possessing or knowingly using counterfeit currency is a serious criminal offence which can carry a prison sentence of up to ten years and an unlimited fine.

Anyone with information is asked to contact Dyfed-Powys Police online, email [email protected] or call 101.

People who are deaf, hard of hearing or speech impaired can text the non-emergency number on 07811 311 908.

Information can also be provided anonymously to Crimestoppers by calling 0800 555 111.

 

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Community

Steam car set to star at Pembroke Dock classic vehicle show

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Classic and vintage vehicles will gather at Hancock’s Yard this Saturday for a free family event

A RARE steam-powered car will be among the star attractions when classic and vintage vehicles gather in Pembroke Dock this weekend.

The Classic and Vintage Car Show takes place at the West Wales Maritime Heritage Society’s historic boatyard at Hancock’s Yard, Front Street, on Saturday, July 18.

Running from 11:00am until 4:00pm, the event will give visitors the chance to admire a varied collection of carefully preserved vehicles and speak to the owners who keep them on the road.

Organiser Peter Kraus said there was particular excitement surrounding one highly unusual exhibit.

“We even have a steam car coming,” he said.

Steam cars were among the earliest mechanically powered road vehicles, using a boiler and steam engine rather than the petrol or diesel engines found in most classic cars.

The show will offer motoring enthusiasts a chance to take a closer look at vehicles from different periods of road transport history, while providing an enjoyable day out for families and visitors to Pembroke Dock.

The event is being held within the West Wales Maritime Heritage Society’s working boatyard, where volunteers preserve the area’s maritime history.

Visitors will also be able to explore the society’s museum, restoration workshops and collection of historic vessels and maritime artefacts.

Admission and parking are free, although donations to support the work of the volunteer-run society are welcomed.

The Classic and Vintage Car Show takes place at Hancock’s Yard, Front Street, Pembroke Dock, SA72 6JY, from 11:00am until 4:00pm on Saturday, July 18.

 

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