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Council’s prosecution over shed was a ‘wheelie bad idea’

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A MILFORD HAVEN businessman has succeeded in overturning a decision that he breached planning rules.

James Kershaw, of Lower Priory, was convicted when a Court ruled that a shed he placed on wheels was a permanent fixture at his home.

However, in an appeal hearing on Friday (Aug 23), Swansea Crown Court found that the Council’s prosecution of Mr Kershaw was an abuse of process.

The Judge accepted Mr Kershaw’s evidence he undertook work to put wheels on the shed in January 2018.

When he did so, Mr Kershaw relied on the advice given to him by an officer of Pembrokeshire County Council. In September 2017, the officer told Mr Kershaw that provided he placed the shed on wheels there would be no problems with planning and enforcement.

The Judge decided that it would bring the administration of justice into disrepute to allow the planning authority to prosecute Mr Kershaw after he relied upon the advice given to him by one of its employees.

After the case James Kershaw, who was awarded substantial costs, said: “The judge made the only fair and reasonable decision he could have in this case. I would like to thank my legal team, including my very capable barrister Mr. Matthew Paul.

“The Council’s incompetence has cost the local taxpayer over £10,000.

“The shed doesn’t harm anyone and is a mobile, movable structure which replaces a more permanent shed which was dilapidated and in the same location.”

“I hope the Council can concentrate now on more pressing issues like sorting out the flood risk at Lower Priory.”

“The Council’s planning department, who were keen to prosecute me, are responsible in part for the flooding which affected so many people last year in my neighbourhood; they allowed development lower down stream at Haven’s Head Business Park.”

“Sorting this issue for the other locals and myself is clearly more important than them wasting time and money on a pointless legal challenge”, jokingly Kershaw said, “it was a wheelie bad idea”

Pembrokeshire County Council’s Cabinet Member for Planning and Infrastructure, Phil Baker, said: “While accepting the Court’s decision, the Council wishes to point out that the ruling hinged on a legal argument over process due to the discovery of advice provided by a planning officer given to the applicant during the planning application.

“The Appeal Judge determined that this subsequently invalidated the Authority’s ability to bring a prosecution.”

Councillor Baker explained: “The Council is keen to stress that it should not be accepted that the outcome of this case implies that by adding wheels to a structure that it is no longer a building and therefore not subject to planning regulations.”

He added that the planning officer in question is no longer employed by the Authority.

Crime

Mother admits “terrible idea” to let new partner change her baby’s nappies alone

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Court hears from timid mother who was barely audible in the witness box who said she carried out no checks to establish whether Phillips was safe to be around her child

A MOTHER who cannot be named for legal reasons gave evidence yesterday in the trial of Christopher Phillips, the man accused of physically and sexually assaulting her infant son – referred to as Baby C – and causing him life-changing injuries in January 2021.

Phillips, 37 at the time, had been in a relationship with the mother for only a few weeks when Baby C, then around 10 weeks old, suffered catastrophic anal injuries at a flat in Haverfordwest, Pembrokeshire. The child was rushed to Glangwili Hospital in the early hours of January 24 and survived, but the harm was permanent. Phillips denies 11 counts of sexual penetration of a child under 13, four counts of causing grievous bodily harm with intent, and one count of assault occasioning actual bodily harm, all between December 20, 2020, and January 25, 2021. The mother denies two charges of causing or allowing a child to suffer serious physical harm and two charges of child cruelty by neglect.

The prosecution alleges that Phillips deliberately inflicted the injuries while alone with the baby during nappy changes, using a finger coated in Sudocrem as lubricant on multiple occasions, leading to escalating harm including blood in the nappies and ultimately a massive tear and prolapse. A central part of their case is that the mother repeatedly allowed Phillips unsupervised access to her son – including taking him into another room to change his nappy and shut the door – despite knowing very little about him and despite behaviour that should have raised alarm, such as his insistence on privacy and her own unease.

Late on Thursday morning (Dec 4), under lengthy and forceful cross-examination by Caroline Rees KC, prosecuting, the mother appeared composed but spoke so quietly and timidly that people in court struggled to hear her answers. She conceded point after point:

  • She carried out no checks to establish whether Phillips was safe to be around her child.
  • She allowed him to be alone with Baby C from the very start of January 2021 (possibly even before 2 January).
  • She ignored her own concerns and permitted Phillips to shut the door while changing the baby’s nappy, telling her not to enter or accusing her of “micromanaging”.
  • She accepted that this had exposed her son to “a massive risk” and had been “a terrible idea”.

The mother explained that Phillips had said he wanted to learn nappy-changing because he “never got the chance” with his own child. She initially stayed in the room but soon permitted him to take Baby C into a separate room alone. She also recounted noticing odd details during changes, such as Phillips having Sudocrem around his finger “as if it had come from a pot” – despite her not owning a pot of the cream – and him leaving the room without putting the baby’s babygro back on after fastening the nappy, which immediately struck her as wrong. A few days earlier, she had discovered extensive bruising to the baby’s bottom, a swollen testicle and blood in his nappy, prompting her to confide in family and seek medical advice, though Phillips became angry when she mentioned the appointments.

Key moments from the cross-examination

Caroline Rees KC: “You took no steps whatsoever to keep Baby C safe, did you?” Mother (barely audible): “No.”

Caroline Rees KC: “You did absolutely nothing to keep him safe, did you?” Mother: “No.”

When His Honour Judge Paul Thomas KC asked her to clarify for the jury why she let Phillips change the baby alone, she confirmed:

“I wasn’t allowed in the room. If I tried to go in he would accuse me of micromanaging.”

She said this made her feel “annoyed”, but she “ignored it”.

Caroline Rees KC put it directly to the mother:

  • “The signs were all there, weren’t they?”
  • “It was a terrible idea, wasn’t it?”
  • “You could have stopped it at any time – by doing the changes yourself or by ending the relationship.”
  • “This man wanted to have your baby on his own more than is normal.”

The mother eventually accepted each proposition, agreeing that:

  • Allowing Phillips to change the baby alone had been “a terrible idea”;
  • The warning signs that she should have stopped it were present;
  • Phillips’ desire to be alone with her son was greater than normal.

She admitted she had been “keen to have company” and had tolerated behaviour she should never have accepted.

Legal matters will be dealt with tomorrow morning only. Closing speeches are expected to continue into Monday.

The trial continues.

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Health

Fresh alarm over life expectancy in Wales as CMO warns of ‘prevention revolution’

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WALES is living sicker for longer, the Chief Medical Officer has warned, as new figures show a worrying drop in the number of years people can expect to live in good health – with women hit hardest.

The findings, published today in Dr Joanne Absolom’s first annual report since taking over from Sir Frank Atherton, have prompted immediate calls for the next Welsh Government to overhaul its approach to public health after the 2026 Senedd election.

Dr Absolom says Wales must now move decisively away from a system that largely treats illness towards one that prevents people becoming ill in the first place. Her report warns that healthy life expectancy is falling across the country and highlights widening inequalities between communities.

Responding to the findings, Darren Hughes, Director of the Welsh NHS Confederation, said the message could not be clearer.

“NHS leaders in Wales welcome the report’s call for a prevention-first approach,” he said. “We have to move from simply treating illness to actively promoting wellbeing, and that means a proper cross-government strategy that tackles inequality and gives people the support to take control of their own health.”

He added that every pound spent on proven public health programmes delivers an average return of £14 – evidence, he said, that prevention “makes moral and financial sense” at a time when NHS budgets are under extreme pressure.

“It is deeply concerning to see healthy life expectancy falling, particularly for women,” he said. “Investment in prevention is vital if we are to make our health and care services sustainable.”

While health boards, councils and community groups are already working on preventative programmes, the Welsh NHS Confederation says Wales needs far greater ambition – and the NHS must be given the tools and flexibility to scale up what works.

The Chief Medical Officer’s report also raises serious concerns about NHS workforce shortages and urges significant investment in digital technology to improve productivity and patient outcomes.

Mr Hughes said all political parties should “take heed” as they prepare their manifestos for next year’s Senedd election.

“Those seeking to form the next Welsh Government have a clear blueprint here. We cannot keep doing the same things and expect different results. Prevention, workforce and digital transformation have to be top priorities.”

The Welsh NHS Confederation — which represents all seven health boards, the three NHS trusts, HEIW and Digital Health and Care Wales — has already outlined its detailed priorities in its own election document, Building the health and wellbeing of the nation.

With the Senedd election just over a year away, today’s report adds fresh, authoritative evidence that Wales needs a radical shift in how it approaches health if it is to secure a healthier future for all.

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News

Two killed after car travels wrong way along A48 before head-on collision

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Coroner to contact highways officials about junction layout following inquests

TWO people died after a car entered the A48 near Cross Hands in the wrong direction and continued for nearly half a kilometre before striking another vehicle head-on, an inquest has heard.

The crash happened shortly after midday on Tuesday, November 5, 2024, on the eastbound side of the dual carriageway between Pont Abraham and Cross Hands. Four vehicles were ultimately damaged.

Toyota travelled against oncoming traffic for 452 metres

The hearings, which took place on Wednesday (December 3) at Llanelli Town Hall, examined the deaths of John Howell Price, aged 90, and Emily Thornton-Sandy, a 30-year-old solicitor.

Evidence from Dyfed-Powys Police showed that Mr Price had driven a Toyota out of a small access road serving a Welsh Water site. Instead of turning left, as the signage directs, his vehicle turned right into lane two of the A48 and began travelling westbound against fast-moving traffic.

Forensic investigator David Stacey told the court that the Toyota continued in the wrong direction for approximately 452 metres before colliding with Mrs Thornton-Sandy’s Ford. The impact caused both cars to become airborne and resulted in secondary impacts with a Renault and a BMW.

Mr Price died at the scene. Mrs Thornton-Sandy was taken to the University Hospital of Wales but succumbed to her injuries six days later, on November 11. Her dog, Scout, who was travelling with her, also died.

Road conditions not a factor

Mr Stacey said the carriageway was dry, visibility was good and the surface was in proper condition. There were no signs of emergency braking by either driver.

He confirmed that both cars’ speedometers froze on collision — the Toyota at 43mph and the Ford at 62mph — and that there was no evidence of alcohol, drugs or mobile-phone use by either party.

Dashcam and CCTV recordings examined by officers captured the Toyota making the unlawful turn and heading straight into oncoming traffic.

Medical checks explored

The inquest heard that Mr Price had been seen by a medic two days before the crash following an episode of syncope. The court was told that the incident did not result in any driving restriction, and subsequent checks — including after a 2023 police referral to the DVLA about his eyesight — did not deem him medically unfit to drive.

Mr Stacey said Mrs Thornton-Sandy had virtually “no time” to react when the wrong-way vehicle appeared in her lane.

Cause of death and coroner’s findings

Pathologists concluded that Mr Price died from multiple injuries sustained in the collision. Mrs Thornton-Sandy died from traumatic brain injury and tension pneumothorax.

Coroner Paul Bennett ruled both deaths were the result of road traffic collisions. He said it was not possible to determine why Mr Price made the manoeuvre.

He noted that three people received organ donations as a result of Mrs Thornton-Sandy’s death.

Junction safety to be reviewed

Mr Bennett said he would write to the South Wales Trunk Road Agency and Carmarthenshire Council regarding the junction design, and referred to upcoming changes in driving-licence renewal rules for motorists over 70.

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