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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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Political leaders and unions react to Milford Haven school assault

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First Minister, MP, MS and teaching unions call for safety and support for staff

POLITICAL leaders and teaching unions across Wales have spoken out following Thursday’s assault on a teacher at Milford Haven School, which led to a lockdown, a major police response and the arrest of a 15-year-old boy on suspicion of attempted murder.

The First Minister Eluned Morgan said she was “deeply concerned” by the incident and stressed that violence had no place in Welsh schools.

Police at Milford Haven School on May 5 (Pic: Herald)

Her comments come just days after she visited the Milford Haven campus following the school being placed into special measures by Estyn, where she met leaders to discuss improvement plans and support arrangements.

She said her thoughts were with the injured teacher, their family and the wider school community, and praised the swift response of staff and emergency services.

Henry Tufnell MP

Local MP Henry Tufnell, who represents Carmarthen West and South Pembrokeshire, described the incident as deeply upsetting for what he called a close-knit community.

He said he was thinking of the teacher and pupils affected and thanked Dyfed-Powys Police and ambulance crews for their professionalism.

Meanwhile Senedd Member Samuel Kurtz said: “Deeply concerning news across the water in Milford Haven.

“Sadly, violence in our schools is becoming all too common, and thanks must go to the emergency services for their timely response. Thoughts are with the injured teacher, their family and the wider school community.”

Leader of the Welsh Conservatives Andrew RT Davies said teachers must feel safe at work and called for continued support for school staff.

Teaching unions also responded.

NASUWT said teachers “deserve to feel safe in their workplace” and that any violence against staff must be taken seriously, while National Education Union said schools must remain safe spaces for both pupils and staff and urged continued focus on safeguarding and behaviour support.

All said support would be offered to the Milford Haven school community in the days ahead as police investigations continue.

 

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Crime

Teacher discharged as police step back from Milford Haven school after assault

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Teenager remains in custody as school closes and patrols increased to reassure community

POLICE have confirmed they are no longer stationed at Milford Haven School after a teacher was assaulted by a pupil on Thursday afternoon (Feb 5), as the injured member of staff has now been discharged from hospital.

In a joint statement issued by Dyfed-Powys Police, Pembrokeshire County Council and Hywel Dda University Health Board, Superintendent Chris Neve said swift action had been taken to protect pupils and staff.

He said: “Police are no longer in attendance at Milford Haven Comprehensive School, following a report of the assault of a teacher at approx. 3.20pm this afternoon.

“I would like to reassure parents, and the wider community, that swift action was taken to both safeguard pupils and teachers, and to trace the suspect as soon as this report was received.

“The teacher has now been discharged from hospital and is being supported by specialist officers. All pupils at the location were safe, and all returned home unharmed. A 15-year-old boy has been arrested and remains in police custody as enquiries continue.

“You will see a higher than usual police presence in the area over the coming days – these will be dedicated patrols to provide further reassurance.”

The injured teacher was earlier taken to hospital by road ambulance.

An immediate lockdown was put in place at the school while emergency services responded. Most pupils had already left for the day, but those still on site were secured inside classrooms and offices as a precaution.

School closed on Friday

Council leader Cllr Jon Harvey said the school would be closed to pupils on Friday to allow support and safety measures to continue.

He said: “We would like to thank staff and pupils at Milford Haven School for implementing a swift and effective lockdown in response to this incident.

“While the school will be closed to pupils tomorrow, if there are any learners who require additional support they are welcome to attend and there will also be support for staff on site.

“We’d like to reassure learners and parents, along with the wider community, that all measures to ensure safety are being taken.”

The health board added that anyone needing urgent mental health support can call NHS 111 and press option 2 for 24-hour assistance.

National spotlight

The incident has drawn national media attention.

BBC News broadcast live from the school gates during its Ten O’Clock News bulletin, while ITV News and several national titles also covered developments.

Journalists from a number of UK outlets, including The Sun, contacted The Herald as events unfolded, with several Welsh and national publishers using photographs first taken by Herald reporters.

Residents said the scale of coverage was unprecedented for the normally quiet port town.

Police enquiries are continuing.

Photo caption:

Police outside Milford Haven School following Thursday’s incident (Pics: Herald).

 

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Health

Health board targets rise in steroid and gym drug use across west Wales

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THE LOCAL health board has launched new targeted measures after recording a sharp rise in the use of steroids and other image-enhancing drugs across the region.

Hywel Dda University Health Board says needle exchange figures show significant growth over the past two years in people seeking support related to Image and Performance Enhancing Drugs (IPEDs), including anabolic steroids and so-called Selective Androgen Receptor Modulators (SARMs).

SARMs, while marketed online as safer alternatives to steroids, are illegal to sell in the UK and health professionals warn they carry serious and largely unknown risks.

The health board has now teamed up with Dyfed Drug and Alcohol Service (DDAS) and Choices, a young people’s substance use service, to tackle what officials describe as an “emerging public health challenge”.

Workshops and outreach

Two key initiatives have been introduced.

Educational workshops are being delivered to young people, focusing on the risks of using performance-enhancing substances during physical development and the potential long-term effects on hormones, mental health and fertility.

At the same time, enhanced support is being offered to people already involved in gym and fitness culture, with harm-reduction advice, health monitoring and confidential drop-in services.

Support includes testosterone testing, blood checks, cycle provision kits and discreet one-to-one consultations.

One service user described the programme as “quick, professional and non-judgemental”.

They said: “The drop-in clinic for my blood test was really convenient. I was seen quickly and given a full run-down of the services available. The staff made me feel comfortable the whole time and I got my results back faster than expected.”

Taking support into the community

The team has also worked directly with local gyms, leisure centres and sports venues, speaking to more than 100 people during five outreach sessions.

Twelve DDAS staff members have completed specialist IPED training delivered by Public Health Wales to strengthen expertise within the service.

Rachel Wilson, Resilient Families Manager at Choices, said the aim is to reduce stigma.

She said: “We’re proud to work alongside Hywel Dda to ensure people who use IPEDs are met with understanding, not judgement. These initiatives are helping us reach individuals who may not have previously considered accessing support.”

Craig Jones, Prevention and Population Health Improvement Manager, added: “This work is about meeting people where they are. By listening and responding with compassion and evidence-based care, we’re making a real difference.”

Dr Ardiana Gjini, Executive Director of Public Health, said the approach showed the board’s commitment to early intervention.

She said: “These initiatives reflect a proactive, collaborative response to emerging health challenges and demonstrate our dedication to protecting the health of our communities.”

Anyone seeking confidential advice or support can contact DDAS on 03303 639997 to book an appointment.

 

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