A WEST WALES man, initially convicted of grooming and sexually abusing a 13-year-old boy, has been acquitted after a trial was ordered following a successful application to the court based on new evidence about his mental capacity.

The accused, Alec Davidson, from Carmarthen, pleaded guilty in June 2023 of two charges related to historical sexual abuse against a then 13-year-old boy. These charges stemmed from an incident in 2005, when Davidson had allegedly groomed the victim via the social media platform Bebo before assaulting him. The guilty plea by the defendant had followed a judicial review initiated by the victim, who had to take legal action to compel Dyfed Powys Police to pursue the case after their initial reluctance to do so.

However, Davidson applied to the court to vacate his pleas vacated (cancelled). The court heard that he had the mental capacity of a primary school child and had only pleaded guilty under pressure to stay out of jail. His application to vacate his pleas was granted, and the subsequent trial resulted in Davidson being found not guilty last Friday (Sept 6).

Davidson’s legal team successfully argued that their client had been wrongly advised to plead guilty. His father, John Davidson, testified that Alec, who has the cognitive capacity of a child, was told by his barrister that a guilty plea would likely result in a non-custodial sentence, while contesting the charges could lead to a guaranteed jail term if convicted.

John Davidson revealed to the court that he had instructed his son to follow the barrister’s advice, believing it was the only way to avoid prison. As a result, Alec Davidson pleaded guilty without fully understanding the consequences of his actions or the implications of the plea.

At the eventual trial, which took place on September 6, 2024, the jury returned a not guilty verdict, resulting in Alec Davidson’s acquittal.

The victim, now in his 30s, had faced significant challenges in getting justice. The abuse took place in the winter of 2004/2005, when Davidson groomed the victim online and took him to a secluded location where the assault occurred. The victim did not report the incident until 2019, when he confronted Davidson on Facebook. In the exchange, Davidson admitted to the sexual act but claimed he believed the boy to be 17 at the time.

Despite this admission and the evidence from the Facebook conversation, Dyfed Powys Police initially declined to prosecute, citing insufficient evidence and referencing the victim’s mental health and troubled background as potential obstacles to securing a conviction. The victim, undeterred by the police’s decision, sought a judicial review to challenge the authorities’ refusal to proceed. His persistence paid off, with the judicial review forcing the police to arrest and charge Davidson in 2023.

The victim has described his ordeal as “a nightmare that never ends,” not only due to the abuse but also because of the systemic failures by the police, NHS, and local authorities in handling his case. He revealed that confidential medical and school records, which detailed his history of mental illness and behavioral problems, were shared with the police without his consent by the NHS and Carmarthenshire County Council. Both organizations admitted to mishandling his records and settled with the victim for an undisclosed sum believed to be less than £10,000.

These institutional failings further complicated the case, with the police initially using the victim’s background as justification for not proceeding with the investigation. The victim’s decision to pursue a judicial review forced the authorities to reconsider their position, leading to Davidson’s arrest and first conviction.

Davidson’s acquittal raises serious questions about the handling of cases involving vulnerable individuals on both sides of the legal system. While the retrial has cleared Davidson, the case highlights the difficulties faced by both victims and defendants with mental disabilities in navigating the criminal justice process.

The alleged victim, reportedly devastated by the retrial outcome, remains concerned about the broader implications of the case.

A HAKIN man launched a “cowardly” assault on a woman outside a pub but was cleared of the incident being racially aggravated, a court has heard.

David Round, 38, of Camuset Close, was accused of attacking the Vicky Bambrough-Harteveld in the car park of The Three Crowns pub in the early hours of 2 July 2022. Round, a professional fighter, punched the woman to the ground twice before straddling her and delivering “three or four” additional punches, the court was told. During the altercation, it was also alleged that he bit her finger as she tried to fend him off.

Round denied the charges, telling the jury, “I wouldn’t hit a woman.”

After five hours and 29 minutes of deliberation, the jury returned a verdict of not guilty on the charge of racially aggravated assault occasioning actual bodily harm. However, he was found guilty of assault occasioning actual bodily harm.

Judge Rees adjourned sentencing until 14 October to allow for the preparation of a pre-sentence report. Round was granted bail until that date, but Judge Rees warned him to expect a custodial sentence.

The court heard that Round had prior convictions, including wounding and assault occasioning actual bodily harm in 2009, and battery in 2013.

Prosecutor Georgia Donohue told the court that Round had been involved in a fight on the night of the incident, a fact corroborated by CCTV footage. Round admitted he had consumed at least 10 pints of beer and several shots that evening. Ms Donohue described him as “much drunker than anyone else” involved.

The altercation reportedly began after a comment made by the victim’s partner “clearly got under Mr Round’s skin”, leading to a violent outburst just moments after Round exited the pub.

The victim testified that after a fight between Round and her partner was broken up, she witnessed Round punch his wife. She intervened, telling him, “You can’t do that,” at which point he allegedly turned around and struck her.

The woman sustained a black eye, bruising and swelling to her face, a cut lip, and a cut finger. In cross-examination, defence counsel David Leathley questioned the extent of the complainant’s injuries, suggesting they would have been more severe had a professional fighter been involved. The victim retorted, “No they wouldn’t because Mr Round loses most of his fights.”

Ms Donohue argued that the punch to the victim’s face, particularly the black eye, was a “significant injury” unlikely to have been caused by simply pulling two people apart.

Round was also accused of using racist language, including the N-word, during the attack, though he denied these claims. Mr Leathley pointed to inconsistencies in the victim’s statements and argued that Round “is not a racist”, noting his previous relationship with one of the complainant’s cousins.

Round will return to court for sentencing next month.

A CONVICTED sex offender has been caught with a secret mobile phone containing indecent images of children, in addition to breaching a court order by using and deleting Snapchat.

Euwyn Draper, 21, was sentenced to six months imprisonment, suspended for two years, in April for offences involving the making and distribution of indecent images of children. As part of his sentence, he was ordered to register as a sex offender and was placed under a Sexual Harm Prevention Order (SHPO).

The SHPO prohibited Draper from possessing any internet-enabled devices not registered with the police, deleting any internet history or applications, and from holding social media accounts under false names. However, Draper was found to have violated several of these conditions.

According to prosecutor Emily Bennett, Draper informed police that he owned only an Xbox and a mobile phone with internet access. He was instructed to delete a second Instagram account, which he had registered under an anonymous name, and his Snapchat account due to concerns about the app’s ability to delete messages.

Between May 5 and July 10, e-safe software monitoring Draper’s registered phone flagged multiple instances where the Snapchat logo appeared on the device’s status bar. Investigators determined that Draper had used the app on at least two occasions, breaching the terms of his SHPO.

When Draper was asked to attend the police station, officers noted that he had deliberately taken a longer route. Upon questioning, he admitted that this was to allow himself time to delete Snapchat from his phone.

During a visit to his home, officers discovered a phone charger under Draper’s pillow, leading them to find a second mobile phone, hidden from the authorities. The accounts on this device matched those on his registered phone.

Draper claimed this second phone was old and that he had forgotten about it, asserting that he did not believe it was still functional. However, investigators found that across his devices, there were seven Category A images, three Category B images, and one Category C image – all created in November and December of the previous year, prior to the imposition of his SHPO.

Draper, who has one previous conviction for six offences, pleaded guilty to three counts of breaching a Sexual Harm Prevention Order and four counts of making indecent images of children.

In mitigation, defence barrister Dan Griffiths acknowledged that Draper had an “unhealthy interest and compulsion” to view the illegal material. He argued that as the breaches had occurred so soon after Draper’s initial sentencing, there had not yet been adequate time for rehabilitation efforts to prevent further offending.

“The support he so desperately needs is not going to be offered to him while he is in prison,” Mr Griffiths added.

The court was informed that Draper had spent the last two months in custody and had been evicted from his home as a result.

Judge Paul Thomas KC adjourned sentencing in order to establish whether Draper would have a place to live in the community upon his release, acknowledging that prison time was a possibility.

“He could not complain if he got 16 months in prison,” the judge remarked. “However, I take your point that, in the long term, it is in everyone’s best interest that he gets over this addiction.”

Draper, previously of Goat Street, Haverfordwest, was remanded back into custody and is due to return to court for sentencing on September 26.