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Judgement reserved on Herald ​editor

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Barrister Matthew Paul: Pictured with Herald editor Thomas Sinclair​

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 M​r​ 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.

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Llanelli becomes a Covid-19 ‘health protection zone’

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RESIDENTS in a large part of Llanelli are being put under new local restrictions in a ‘health protection zone’ following a rapid increase in Covid-19 cases in the area.

The town is seeing a concentrated spread of cases compared with other parts of Carmarthenshire – in the last seven days, 85 positive cases have been identified in Llanelli (151.6 per 100,000 of the population) compared to 24 cases in the rest of Carmarthenshire (18.1 per 100,000 of the population).*

Public Health Wales officials are expecting numbers to continue rising over the coming week.

Carmarthenshire County Council and Hywel Dda University Health Board have worked with the Welsh Government and Public Health Wales to agree the temporary restrictions at sub-county level to try and halt the spread of the virus.

As of 6pm on Saturday September 26, 2020, residents living in defined parts of Llanelli will not be able to visit anyone else’s home, or accept visitors into their home, unless they have a ‘reasonable excuse’ such as providing care for a vulnerable person.

They should not arrange to meet indoors with anyone who they don’t live with, and travel in and out of the ‘health protection zone’ will also be limited – people should not leave the area or travel into the area unless it is essential. Travelling in and out of the zone for a holiday is not considered a reasonable excuse.

People are being asked to wear face coverings anywhere where they cannot maintain a two-metre distance from other people, including collecting children from school, in addition to the rules which already require them to wear a face covering in indoor spaces like shops and on public transport.

All indoor and outdoor visits to residential care homes have also been suspended.

Students may still travel into and out of the ‘health protection zone’ to go to school or college.

People living in the defined area of Llanelli must work from home, and employers must take all reasonable steps to support staff to do so.

Indoor public spaces such as leisure centres should only be used by people living in the defined area.

Shops will remain open, but people living outside the defined area of Llanelli should avoid travelling to visit them and shop in their own locality wherever possible.

The specific wards covered in the defined area of Llanelli are:

  • Bigyn
  • Bynea
  • Dafen
  • Elli
  • Felinfoel
  • Glanymor
  • Hendy
  • Hengoed
  • Llangennech
  • Lliedi
  • Llwynhendy
  • Tyisha
  • Swiss Valley

Although the pattern of increased positive cases is overwhelmingly concentrated in the Llanelli area where the restrictions have been strengthened, the whole of Carmarthenshire has now been put on alert, with a warning that the tighter restrictions may be extended if cases continue to spread.

Everyone – including those in the defined areas of Llanelli – is being urged to follow the national guidance around social distancing, good hygiene, self-isolation, testing and face coverings.

Leader of Carmarthenshire County Council, Cllr Emlyn Dole, said: “It is worrying to see how sharply the number of positive cases has risen in the Llanelli area, and action has had to be taken to help stop the spread and break the chain of infections concentrated in this area to prevent a whole county lockdown.

“We must all do the right thing, follow the advice and protect each other. In parts of Llanelli, we’re asking people and businesses to make even greater sacrifices – we fully appreciate the impact this will have, but there is no other way. We must stop the spread.”

A mobile testing unit has been set up in Llanelli to manage the increased demand by local residents who have any of the Covid-19 symptoms – either a high temperature, a change or loss to taste or smell or a new continuous cough.

Reporting of positive cases in the town is fully expected to rise during the next two weeks with the increase in more targeted testing. But this is a positive indicator that cases are being identified and control measures put in place.

Chair of Hywel Dda University Health Board Maria Battle said: “Our local community has given us such tremendous support during the past few months. To protect the health of our people, including the most vulnerable, and to ensure our NHS resources are available to provide people with the care they need; we need the help of our Llanelli population and wider community now more than ever before. Whilst hospital admissions have not yet increased again for COVID cases, we have seen a sharp rise in positive cases in the community, and in time this is likely to have an impact on hospital admissions. The very best way we can support each other and those we love, is to follow local restrictions, minimise our contacts, practice good hygiene and self-isolate and book a test if we have any COVID-19 symptoms.”

Increased testing capacity for residents in Llanelli is available by appointment at the following locations:

  • Parc y Scarlets Car Park B, accessed via Trostre Retail Park, in Llanelli
  • The Ty’r Nant site (next to KFC), Trostre, Llanelli
  • The Carmarthen showground (signposted in both directions off the A40)

There should be no reason for Llanelli residents to travel excessive distances for a test, as there will be tests available in Llanelli and Carmarthen. Tests should be booked via the UK Portal. Any Llanelli residents experiencing difficulty booking a test locally via the UK portal can instead email covidenquiries.hdd@wales.nhs.uk or by calling 0300 333 2222.

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Tir Coed build outdoor classroom for Cross Hands Primary

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The local charity Tir Coed teamed up with Cross Hands Primary School to design and install a locally grown woodland shelter to enable primary school pupils to benefit from outdoor lessons-even when
the rain pours!

Last year Cross Hands Primary School received funding from Carmarthenshire is Kind for their intergenerational project. The project brought the schoolchildren together with older people in the community. Through intergenerational activities, everyone involved increases social connectedness, reduces social isolation, learns from one another and has a great time!

Before the lockdown, Tir Coed was contracted to lead a group mainly made up of parents from the school on a shelter-building course. The attendees would gain knowledge and skills and the children and the older people would be able to use the shelter, a third generation now included in this
fantastic project. The plans, however, had to change due to restrictions and in an effort to have it ready for the children when they returned to school, three intrepid Activity Leaders braved the wet August weather to build the beautiful shelter .

Studies have shown that being in the outdoors significantly reduces the risk of spreading the Corona Virus. With this addition to their already impressive outdoor area, it is hoped that more learning can
take place outside the classroom. Deputy Head, Emma Walters said, “It looks amazing! I am very impressed with the shelter and I cannot thank Tir Coed enough for organising this. Additional covered space in the outdoors will mean that we can take more learning into our lovely nature
area.”

If you would like to find out more about the work of Tir Coed or have a project you would like our help with you can contact Nancy, the Carmarthenshire Coordinator: carms@tircoed.org.uk

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Local sailor taking on virtual London marathon

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A local sailor based in the Falkland Islands will be taking on the Virtual London Marathon this October to raise money for SSAFA, the Armed Forces charity.

Curtis Bowen, 24, from Llanelli, South Wales, was due to take on the London Marathon for SSAFA this April, but following the Covid-19 outbreak and lockdown, the race was cancelled. 

Fortunately, the London Marathon team created the Virtual London Marathon in its place, allowing runners to take on the challenge virtually alongside thousands of other runners on the 4th October.

Curtis said: “It was a shame that the London Marathon couldn’t go ahead as planned in April, but I think it is amazing that I am still able to partake whilst being in the Falkland Islands. I’m the first person to ever run the London Marathon in the Falkland Islands.”  

Curtis is currently serving in the Royal Navy, as a Leading Supply Chain Logistician, and has served for four years. His Father also served in the Royal Navy for twenty-three years.

The live virtual event on Sunday 4th October will invite runners to run the London Marathon in their own way, joining up to 45,000 runners up and down the country – and across the world – in the virtual 2020 Virgin Money London Marathon, The 40th Race.

Curtis decided to raise money for SSAFA, the Armed Forces charity after being an avid supporter of the charity and being inspired by his Father, Andrew, who raised over £6,000 for SSAFA. 

I chose to run the London Marathon for SSAFA to challenge myself and raise awareness for a great cause. My younger brother sadly took his own life a couple of years ago and I know that SSAFA are there to support those struggling with their Mental Health. I want to raise as much money as I can to support those struggling within the Armed Forces community.”

“My Father was also supposed to be running the London Marathon this year, but will now be completing the challenge virtually, alongside my brother, Luke, 12,000km away in South Wales.”

If you would like to support Curtis, please visit https://www.justgiving.com/fundraising/Andrew-Bowen-London-marathon2020

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