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Fire service’s High Court action against HM Coroner dismissed by judge

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THE TRAGIC events of 17th September 2019 have once more surfaced in the public domain following the dismissal of an application made by the Mid and West Wales Fire & Rescue Service by the High Court.

Joshua Gardener, a promising young firefighter from the Service, met with a tragic end that day.

A training exercise on the River Cleddau, involving two boats operated by the Fire & Rescue Service, resulted in a collision that claimed Joshua’s life.

In the aftermath of the accident, the Marine Accident Investigation Branch (MAIB) undertook a detailed investigation. This culminated in a report, dated 4th November 2020, outlining various conclusions about the incident, many of which were very critical of the Fire & Rescue Service.

The Marine Accident Investigation Branch (MAIB) explained that the fatal boating collision occurred due to ‘uncoordinated manoeuvres at speed within the same water area’. It was reported that neither of the boat helmsmen recognised the looming danger until it was too late.

Firefighter Josh Gardener suffered a fatal blow to the head from one of the boats involved. The MAIB emphasised that the tragedy could have been averted had there been someone in overall charge of the training exercise.

A significant observation made by the MAIB was that neither of the boat crews was maintaining an adequate lookout.

Chris Davies, Chief Fire Officer of Mid and West Wales Fire And Rescue Service, expressed deep condolences for the loss of Firefighter Gardener and acknowledged the findings of the MAIB report.

He added that, following their internal investigations, several of the report’s recommendations have been implemented by the service since the unfortunate incident of September 17, 2019.

Despite this, with an impending inquest into Joshua Gardener’s death by the HM Acting Senior Coroner for Pembrokeshire and Carmarthenshire, disagreements arose between the Fire & Rescue Service and MAIB regarding how the report and its findings should be presented and approached during the inquest.

The Coroner’s ruling of 28th October 2022 clarified that the findings of the MAIB report concerning the accident’s cause will serve as conclusive evidence in the inquest, meaning these findings would be indisputable. Interestingly, the Coroner’s Office was not present or represented in court as it chose not to actively participate in the proceedings.

Representing the MAIB’s interests were government lawyers, ensuring their stance was clearly presented and defended.

This dispute saw significant delays, with the inquest into Gardener’s death yet to commence even nearly four years post the tragic event. The delays, whilst procedural, have had a palpable impact on the grieving family of Joshua, leaving them in search of closure.

The Fire & Rescue Service subsequently sought a judicial review of the Coroner’s decision, based on seven grounds. This brought to light several pressing issues:

  1. Report Presentation in Inquest: A significant contention revolved around how the MAIB report should be presented before the jury. The Fire & Rescue Service challenged that fairness requires them to question criticisms in the report and to give evidence in response.
  2. Fresh Investigation Consideration: The Fire & Rescue Service claimed the Coroner misapplied the criteria to determine if a fresh investigation was necessary rather than relying on the MAIB report.
  3. Misunderstanding of Applicable Law: The Fire & Rescue Service alleges that the Coroner misunderstood regulatory standards, leading to a flawed perspective on the MAIB’s investigation and report.
  4. Engagement with Submissions: The Fire & Rescue Service believed the Coroner misunderstood its submissions and failed to engage with them adequately in the Ruling. This, they argued, resulted in an incomplete and potentially skewed analysis of their challenge.

Mr Justice Eyre, after a comprehensive review of the presented facts and arguments, dismissed the application brought forth by the Mid and West Wales Fire & Rescue Service in July 2023. The judge’s decision was rooted in procedural rigour, clarity over jurisdictional matters, and understanding the scope and purpose of the inquest.

As Pembrokeshire watches on, this case serves as a sombre reminder of the tragic events of 2019, and the ongoing journey to justice and closure for the family of Joshua Gardener as they await the final inquest nearly four years later.

Josh’s funeral in Milford Haven

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Cheesy names for Folly Farm’s five Humboldt Penguin Chicks

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FOLLY FARM has announced the arrival of five new baby Humboldt penguin chicks—the first penguin chicks to hatch at the zoo since 2021!

Keepers have resumed breeding Humboldt penguins as part of a managed European Breeding Programme for the species, facilitated by their membership with the European Association of Zoos and Aquariums (EAZA). These chicks are the first to arrive at the zoo in three years!

Humboldt penguins are classified as a vulnerable species, facing numerous threats in the wild. Breeding had been on hold at Folly Farm, and the keepers are thrilled to be able to breed again.

The delightful new penguin chicks are growing rapidly and are snug in their nest boxes, cared for by both parents who alternate feeding duties while the other enjoys a swim in the pool. Chicks can double or even triple in weight every couple of days! In a few weeks, they will leave their nests and be taken by experienced keepers to their Penguin Nursery facility, where they will spend a few weeks learning to feed on whole fish and swim in their small ‘baby pool’, before graduating to the main pool with the rest of the colony.

The naming theme for this season is cheese, with the chicks being named Mozzarella, Camembert, Cheddar, Halloumi, and Gorgonzola. Who doesn’t love cheese?

Penguin Keeper and Assistant Zoo Manager Caz Davies shared her excitement: “We’re so excited to have chicks again. Each breeding season, keepers choose a catchy naming theme to easily identify the birds. Penguin chicks can’t be sexed until they’re a bit older and feather samples can be taken, so we’ll just have to wait for a gender reveal for now!”

‘Mozzarella’ was the first to hatch on 30 March to parents, ‘Magnum’ and ‘Feast’, followed by ‘Camembert’ on 2 April, whose parents are ‘Perci’ and ‘Puffy’. ‘Cheddar’ arrived soon after on 5 May to ‘Whippy’ and ‘Pippy’, and ‘Halloumi’ hatched on 10 May to first-time parents ‘Einstein’ and ‘Darwin’. ‘Gorgonzola’ is the youngest chick and hatched on 14 May to ‘Popple’ and ‘Pudding’.

Penguin Coast is currently home to 22 Humboldt and 14 Macaroni penguins. Guests won’t be able to see the newest arrivals quite yet—but keep watching Folly Farm’s website and social platforms for updates!

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Anticipation builds for more Northern Lights as solar activity peaks

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IN the wake of a mesmerising display of the aurora borealis last weekend, experts predict further celestial spectacles are imminent due to heightened solar activity. A substantial sunspot cluster, responsible for recent intense solar flares, is expected to face Earth again in approximately two weeks, potentially sparking more geomagnetic storms and Northern Lights displays.

Scientists at the Met Office, including space weather forecaster Krista Hammond, report that this activity is part of the approaching solar maximum, a peak phase in the Sun’s 11-year cycle marked by increased magnetic upheavals and sunspot production. This cycle, the 25th since systematic observations began in 1755, is proving more vigorous than anticipated.

Last Saturday’s geomagnetic storm, categorised as a G5—the highest alert level by both the Met Office and the US National Oceanic and Atmospheric Administration—was the most severe since 2003. Triggered by multiple coronal mass ejections (CMEs), the storm disrupted high-frequency radio communications globally and posed challenges to various satellite operations.

The aftermath of the storm highlighted our vulnerability to space weather. SpaceX’s Starlink satellites experienced significant strain, leading to voltage spikes, as reported by the European Space Agency (ESA). The added radiation also disturbed GPS signals, impacting everything from aviation—necessitating the reroute of a transatlantic flight—to precision farming, with reported disruptions in GPS-dependent agricultural machinery.

On Earth, the heightened electrical currents tested power grid robustness worldwide. In New Zealand, some circuits were temporarily shut down as a precaution, while the UK’s electricity network operators implemented measures like extra back-up generation to manage potential voltage fluctuations.

This heightened solar activity brings not only stunning natural displays but also underscores the critical importance of preparedness for space weather impacts. The UK government ranks extreme space weather as a significant threat on its national risk register, citing potential severe consequences such as widespread power outages and infrastructure damage.

According to Sean Elvidge, a professor in space environment at the University of Birmingham, the recent storm serves as a reminder of the potentially devastating effects of more powerful storms, like the historical Carrington Event of 1859, which disrupted telegraph systems and caused widespread fires.

As the Sun continues its active phase, the role of advanced forecasting and international cooperation in mitigating space weather effects becomes increasingly crucial. Agencies like NOAA and the Met Office are enhancing their monitoring capabilities, ensuring that critical infrastructure and governments worldwide are forewarned of impending solar storms, thus safeguarding both modern technology and the daily lives dependent on it.

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Gething crisis: Tory Leader signals no-confidence motion in First Minister

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IN a bold assertion that could intensify the political instability in Wales, the Conservative leader in the Senedd, Andrew RT Davies, has indicated that a motion of no confidence against First Minister Vaughan Gething is increasingly likely. This comes in the wake of recent revelations and internal disputes within Welsh Labour that have put Mr. Gething’s leadership under severe scrutiny.

The controversy escalated following the dismissal of Hannah Blythyn, the minister for social partnership, who was accused by Mr. Gething of leaking confidential text messages to the press—an allegation she firmly denies. The leaked texts were reportedly from a pandemic-era group chat, which Mr. Gething admitted to deleting, details of which were first reported by Nation.Cymru.

This incident is part of a broader series of challenges facing Mr. Gething, including scrutiny over the substantial donations made to his leadership campaign. It was disclosed that his campaign had received £250,000, with a notable £200,000 contribution from a company led by a businessman previously convicted of environmental crimes. Mr. Gething announced he would be returning £31,000 to Labour from the campaign funds amidst this controversy.

In crisis: First Minister, Vaughan Gething

Adding to the upheaval, Mr. Davies criticised the First Minister’s leadership on BBC Radio Wales, questioning Mr. Gething’s transparency and ability to govern effectively. He emphasised the urgent need for Mr. Gething to justify his actions, particularly the sacking of Ms. Blythyn, to restore public trust in the government.

On Thursday, in an interview with ITV Wales, Mr. Gething defended his decision, highlighting the importance of trust and confidentiality among ministers and maintaining that his team was aligned on government priorities. He underscored the challenges faced by his administration and the need to focus on issues crucial to the Welsh populace.

Despite the turmoil, any formal motion of no confidence is not expected to be tabled immediately, owing to procedural and logistical considerations. With Labour holding half of the seats in the Senedd, the success of such a motion would hinge on cross-party support or abstentions from within the Labour ranks.

As tensions mount, the political landscape in Cardiff Bay remains fraught with uncertainty, with the potential for significant shifts in governance depending on the developments in the coming weeks.

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