News
Press gagging order granted in James Oulton case by Crown Court judge
THE CROWN COURT judge presiding over the James Oulton trial has issued a reporting restriction to the press, which local media says is a “draconian” measure which will hamper the reporting of the child abuse case.
In total, 11 ex-pupils, who were under 13, have accused Oulton, 34, of sexually assaulting them.
He denies 30 charges at Swansea Crown Court, relating to his time at a primary school in Haverfordwest, between 2012 and 2018.
Her Honour Judge C Richards sitting at Swansea Crown Court on Monday (Apr 19) granted an application for a media gagging order made by Oulton’s defence barrister Christopher Clee QC.
The BBC and The Pembrokeshire Herald opposed the order in court, with the Herald saying it will try to overturn the order at the Court of Appeal.
Judge C Richards said that whilst the Pembrokeshire Herald “rightfully and properly reported on the case”, public comments, which have now been restricted, had “been of concern”.
The application was to restrict the reporting of the names of eight adult defence witnesses, or any matter likely to lead members of the public to identify who the witnesses are.
However, the ‘likely to lead’ phrase means, because of possible jigsaw identification of witnesses, likely none of the defence evidence in the case could be reported by the press without publishers running the risk of breaching the order.
Judge C Richards first read legal submissions from the legal team at the BBC.
Barrister for Herald News (UK) Ltd, Matthew Graham Paul, made submissions orally on behalf of this newspaper.
He told the court: “The imposing of reporting restrictions under S.46 of the Youth Justice and Criminal Evidence Act 1999 should be approached with caution.
“The order sought by my learned friend would not merely postpone the reporting of this case, it would, in effect, prohibit any significant reporting of the majority of the defence case altogether.
“The freedom of the press is an absolute fundamental part of court proceedings, and Article 10 rights, necessary in a democratic society.
“The court should exhaust every other remedy before making an order effectively harming the reporting of the case.”
Matthew Paul explained that whilst he understood that there were concerns over Facebook comments written by members of the public on news reports on the Pembrokeshire Herald’s Facebook page, this matter had been resolved by banning commenting all together – something which Facebook has started to allow on specific posts since April 1, 2021.
Matthew Paul explained to the court that Press restriction orders under Section (4)2 The Contempt of Court Act 1981 were rare, “and required a high level of evidence before they were granted”.
“This is not the case for orders made under S.46 of the Youth Justice and Criminal Evidence Act 1999” he said, but argued that applications under both pieces of legislation “should be treated in the same way.”
He said: “The court has an enormous arsenal of sanctions to deploy against anyone violating the Contempt of Court Act”
Calling the application by the defence “draconian”, he added “the court has got several ways of putting witnesses at ease, aside from reporting restrictions.
“Prohibiting a free press on a trial which is of significant interest in my submission is wrong. It is improper for the court to make this s.46 order.”
The judge noted that there had been, in her opinion, an increase in reluctance for witnesses to give evidence since the case had attracted so much publicity.
Judge C Richards said: “I have not read them myself, but I was made aware of public comments on the Herald Facebook page, and that they had caused a bit of a stir in Pembrokeshire.
“It was not anything that I needed to concern the jury about, and I noted that the comment section was promptly restricted.”
When making her order, the judge said: “Continued reporting could mean the quality of evidence given by witnesses could be diminished.
“I am satisfied that a reporting direction is necessary under section 46 and am satisfied that this is in the interests of justice.”
It was also stressed that the reporting restriction does not only cover the press, but also covers members of the public, who could now be breaking the law if they name defence witnesses on social media platforms.
Testimony from the 11 child witnesses for the prosecution can still be reported, but the alleged victims cannot be named.
News
Manorbier school fire legal discussions ongoing
LEGAL discussions are ongoing about Pembrokeshire County Council potentially recouping a £200,000 insurance excess paid by it following the 2022 fire at Manorbier school.
Manorbier Church in Wales VC School and its adjoining schoolhouse was severely damaged by a fire on October 11 of 2022, which broke out in the school roof space.
Pupils and staff were successfully evacuated with no injuries, and a ‘school from school’ was set up in Jameston Village Hall, after a brief period of sanctuary at the nearby Buttyland caravan site.
Pembrokeshire County Council’s insurers have previously said the fire was accidentally started while ‘hot works’ were being carried out by contractors to renew an adjacent flat roof, but, as has previously been stressed, no liability has been accepted to date.
Councillors have previously heard the majority of costs were likely to be met from the council’s insurers, with the caveat of the unknown issue of liability and its effect on a £200,000 insurance excess.
A submitted question, by Councillor Aled Thomas, heard at the full council meeting of Pembrokeshire County Council on May 9, asked Cabinet Member for Education and Welsh Language Cllr Guy Woodham “to update the chamber on what progress the Cabinet have made in recouping the £200,000 insurance excess paid following the devastating non-fault fire at Manorbier school”.
Councillors have previously been told by Cllr Woodham: “The legal issues are not straightforward but will be robustly taken forward.
“At this stage it’s still subject to legal discussion. The excess will be covered by a fund the council holds for insurance excess.”
He said that, if liability was found or accepted, the council would “pursue for the full maximum claim of the costs associated with the fire”.
Responding to Cllr Thomas’s question at full council, Cllr Woodham said there was a limited amount of information he could make public due to ongoing active proceedings.
News
Stop funding Bute, Carmarthenshire residents tell County Council
CARMARTHENSHIRE Residents Action Group (CRAiG Sir Gâr) has challenged Carmarthenshire County Council leader Cllr Darren Price to stop funding Bute Energy through the council’s pension fund investment at today’s Cabinet meeting at County Hall.
Green Gen / Bute Energy is proposing to run at least two pylon chains through Carmarthenshire’s countryside’s decimating the historic landscape of the Tywi Valley and villages and along the A485. Councillors including Plaid Cymru Council Leader Darren Price have voiced their opposition. Yet Carmarthenshire is one of seven Welsh local authorities to invest its pension fund in Bute Energy. In contrast, neighbouring Powys County Council has declined to invest in the controversial firm.
Havard Hughes, local resident and spokesperson for the Carmarthenshire Residents’ Action Group commented: “We’ve challenged the County Council on their funding of Bute Energy because both Cllr Darren Price and Cllr Ann Davies have been vocal in their words about the firm’s pylon schemes. However it is utterly ludicrous that the Council they run as the Cabinet has not just been slow to act but is actively funding Bute Energy.
“Carmarthenshire County Council holds the key to killing off Bute Energy’s schemes as they are the consenting authority for the sub-stations which will connect them to the national grid. This is why residents are so concerned about a conflict of interest. Moreover, we believe that the withdrawal of Carmarthenshire’s investment would have a domino effect on Bute Energy’s funding.
“Cllr Price and Cllr Davies have the opportunity to demonstrate leadership on this issue by pulling Carmarthenshire’s funds out of Bute Energy. Instead we have the town hall farce whereby they claim, on the one hand there is nothing they can do; but state that their representative on the pension board, which Carmarthenshire itself runs, will have some “stern words”. If Carmarthenshire is serious about making Bute Energy listen to residents then they should immediately follow Powys’s lead and disinvest.
“The elephant in the room is that Powys County Council, which is also affected by Bute Energy, have managed exclude their pension fund investment. Darren Price and Ann Davies cannot claim ignorance as Carmarthenshire has one of the largest Wind-industrial zones designated in the whole of Wales in the Welsh Government’s Future Wales 2040 plan. If it was obvious to Powys this would be a problem then why not to Carmarthenshire’s representatives on the fund?
“This investment generates a direct conflict of interest between the interests of the Council in maximising its return and that of residents in minimising harm. Bute Energy is already arguing that burying cables will be more expensive. Lower profits might mean happier residents; but it will also mean lower investment returns to Dyfed Pension funds members many of whom are elected to or are employed by Carmarthenshire County Council.
It is time for Cllr Price and Cllr Ann Davies to end the excuses and take action that Bute Energy will understand. So far the most decisive action we’ve seen from Plaid Cymru on Bute has been to give Bute Energy’s Public Affairs Adviser a well-paid job for life in the House of Lords. Residents deserve deeds not empty words form our Plaid Cymru politicians in County Hall.”
News
St Davids RNLI rescue crew after yacht runs out of fuel
VOLUNTEERS from St Davids RNLI were tasked to assist a 4m yacht that had run out of fuel six nautical miles southwest of St Justinians on Sunday (May 12).
The lifeboat launched in calm conditions at 11.08am. The yacht, with one person on board and sailing from New Haven to Swansea, did not have enough wind to sail to safety.
Without fuel or wind to sail, the yacht was unable to return to shore unaided, so the RNLI Coxswain took the decision to tow the stricken vessel back to the mooring at the lifeboat station.
This rescue was the first for Reuben Palin in his role as volunteer mechanic.
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