THE EDITOR of The Ceredigion Herald appeared in court today (Apr 20) charged with breaching a statutory reporting restriction.
Thomas Hutton Sinclair, the 37-year-old editor of the Herald titles, was on trial for allegedly identifying the complainant in a sexual offence case.
Appearing in Llanelli Magistrates’ Court, Mr Sinclair maintained his not guilty plea.
Prosecuting, Emma Myles told the court that the allegation related to an article published in the Ceredigion Herald in 2016.
“The court will be aware that under the provision of the 1992 sexual offences act the complainant has a right to anonymity,” Ms Myles said.
“It is the Crown’s submission that this falls foul of the wording of this act.”
All written statements were accepted by the defence, and the case hinged on whether the article in question breached the Act in question or not.
The court heard from the record of a police interview with Herald deputy editor Jon Coles, in which he stated that he had received the court report in question from a Herald court reporter, and changed the tense from present to past, as well as fixing some errors.
Describing Mr Sinclair as ‘a hands-on editor’, he added that Mr Sinclair had the final word over what was published. Mr Coles stated that in this instance he had not been instructed to check whether the content complied with the law, though on some occasions he carried out this task when asked.
In an informal interview last year, Mr Sinclair told police that he had held the role of editor since 2013, although his training was in law not journalism.
He added that as a total of around 1,200 articles were published over the four titles each week, it was ‘impossible’ to edit all of them, and some of this work was referred to the deputy editor. In this case he had not seen the article until it was brought to his attention by the police.
When asked his opinion on whether the article breached reporting restrictions, Mr Sinclair replied that it ‘sailed close to the wind’ but would not allow members of the public in general to identify the complainant.
He pointed out that the defendant in the original case had ‘a common surname’ and that The Herald had not reproduced his address.
When asked if he would have changed anything had he edited the article himself, Mr Sinclair suggested that he may have taken out details of the defendant’s occupation.
However, he maintained that ‘any member of the general public would not be able to piece together who the complainant is’.
He also noted that the reporter who wrote the article had just been coming to the end of a probationary period at the time, and that his staff had already been booked onto a media law course.
Summing up, Ms Myles said that it was the Crown’s submission that by publishing this article, Mr Sinclair had breached legislation specifically aimed at that type of case.
“I respectfully submit that the legislation must be stringently applied,” she added, stating that details of the relationship between the complainant and the defendant in the original case which were published breached the legislation.
Representing Mr Sinclair, Matthew Paul set out the information revealed in the article – the name, age and former occupation of the convicted party, along with the date of conviction and a familial relationship which had existed at some point between him and the complainant. However, he noted that the date of the offence and the defendant’s address had not been included, and no indication had been given as to the age of the complainant.
His argument was that in this case there was nothing in the article which would allow any member of the public not closely connected with the convicted party or the complainant to make any identification.
Mr Paul stressed that for a conviction, it had to be demonstrated that there was a real, rather than a hypothetical risk of identification.
Referring to the case of the Attorney General vs Greater Manchester Newspaper Group he noted that it had been found that the risk of identification was not based on relative statistical probability but ‘a real risk’.
“The Crown has to establish more than a hypothetical, but a material risk,” he added.
Mr Paul noted that the Crown appeared to be of the position that placing the complainant in a ‘pool of potential victims’ was the same as identifying them.
“Identifying, in my submission, must mean only one thing; it must lead to one person.”
Mr Paul added that the familial relationship mentioned could apply to more than one person, and that there was nothing in the report which suggested whether it was an historical or recent offence.
He suggested that the most the article could lead to, if read by someone familiar with the convicted party and/ or complainant, would be to place them in a ‘small pool’ of potential people.
He also noted that this small risk of identification was made even smaller by the Ceredigion Herald’s circulation figures at this time, which amounted to a relatively small percentage of the county buying a copy, and the fact that the story was not placed online.
“Right from the start you are dealing with a low-level risk, made even smaller by the fact that the date of the offence was not mentioned,” he added.
“Overall, you are looking at whether this report would lead members of the public to identify the complainant – it is my submission that it would not.”
District Judge David Parsons reserved judgement until May 12 at Llanelli Magistrates’ Court.
Conservatives in disarray over alleged Christmas party lockdown breach
THE CONSERVATIVE Party is investigating the attendance of senior Senedd members and staff at a Christmas party held during December’s lockdown.
Lockdown restrictions prohibit mixing with people outside your own household.
The Welsh restrictions barring such gatherings follow the basic outline of those imposed by the Conservative UK Government in December.
Those attending the drinks party included Paul Smith, the Conservative Chief of Staff at the Senedd, Darren Millar, the Party’s Chief Whip and campaign coordinator, and Preseli Pembrokeshire MS and Conservative Senedd Group Leader Paul Davies.
The Herald understands that a Labour Senedd Member who attended the Party has been suspended by the Labour Senedd Group pending its own investigation.
The Conservatives’ embarrassment at talking the talk but not walking the walk is intensified by Darren Millar’s presence at the shindig.
In May, Mr Millar led calls for Wales’ Health Minister Vaughan Gething to be sacked for eating a bag of chips in a park with one of his own children.
If the Conservative Party follows the logic of their previously stated positions, Mr Millar’s and Mr Davies’ futures look bleak indeed.
With a Senedd election only months away, the revelations have thrown the Conservatives into disarray.
If they do nothing, the Conservatives will – at the very least – face claims they are hypocrites.
If the Conservative Party acts decisively, it faces massive internal problems.
The Conservatives responded to our request for a response to our story.
Those involved stressed they did not host a Christmas Party.
The incident happened on December 8, when the above met in the members’ tea room to discuss legislation for possible inclusion in the Welsh Conservative manifesto with a Labour backbencher.
During the evening they did drink a glass or two of wine.
They stress that at no point were there more than four people in the room at any one time and that they maintained social distancing.
A joint statement from Paul Davies, Darren Millar, and Paul Smith said: “We are profoundly sorry for our actions.
“While we did not break the rules, we recognise that what was part of a day’s work would not be seen to be following the spirit of them, especially given the tough time the country has been going through.”
Family tribute to Carole Patricia Fowler
Carole was a teacher for 30 years at St Mary’s Catholic Primary School, Llanelli. She loved children and they loved her.
As one of her past colleagues said: “I know she made such a difference to every child she taught.” She was very popular with staff and well respected and loved by parents. She was dedicated and conscientious, always 100% for the children. She led the music there and was always popular with her guitar accompaniments for services and concerts.
Likewise, she was a valued member of the choir at Holy Cross Roman Catholic Church, Gendros, Swansea, where she would often accompany hymns with her guitar and gave guitar lessons to the children in the church’s Saturday Music Club. She was also a keen member of Côr Persain, Ammanford.
She was talented, loved and in demand. A convicted and devout Catholic all her life, through good and bad.
Carole was an avid and very gifted crocheter and was always crocheting or knitting something for someone. She had been spending her time recently, during the Covid crisis, crocheting NHS teddies in scrubs and rainbows, with many given to practising nurses. Carole had recently started learning to make bobbin lace. She was also capable of some very decent sewing, too.
She was also learning Welsh, doing ‘pilates’ and was considering taking up yoga lessons as well.
She was a busy lady! As one of her work colleagues said of her: “She was wise, strong, beautiful, generous, devout and feisty. And I loved her for all those qualities.”
Above all, she was an immeasurably loved Mam, daughter, sister and a doting Mamgu and so much loved by her fiancé. Having been together for 14 years, they would have been married last July 20th had covid allowed!
Her premature passing at 61 is tragic and she is already sorely, painfully missed. She leaves behind a huge chasm in so many hearts that cannot be filled.
“Eternal rest grant unto her, o Lord, may perpetual light shine about her, may she rest in peace.”
If anyone witnessed the collision or may have been travelling on the M4 at the relevant time, please contact the Serious Collision Unit quoting police reference DPP-20210113-317
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Tip off leads to pensioner’s drug stash
A BRIEFCASE full of drugs has been recovered during a raid in Swansea suburb.
Police acting on information provided by a member of the public executed a warrant in Gorseinon and recovered a large quantity of cannabis.
A man was arrested on suspicion of possession of the class B drug, with intent to supply.
A South Wales Police spokesman said: “At around 5.40pm on Wednesday, January 6, following an intelligence led operation, a 68 year-old man from Gorseinon was arrested on suspicion of possession with intent to supply cannabis.
“He was taken to Swansea central police station for questioning. He has been released under investigation”.