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.
Food assembly reaches fruition
MORE and more people in Carmarthen are ditching the supermarket trolley and buying fresh food directly from local producers.
The Carmarthen Food Assembly – an online platform that allows a direct link between customers and producers – continues to grow from strength to strength, helping people have more control about what ends up on their plates whilst supporting local businesses.
This week the assembly celebrated its first anniversary, and now boasts 700 customers and 20 producers, with fruit, vegetables, meat, dairy and baked goods sold and collected weekly.
Customers order their goods through an online platform, giving producers special requests if required, before picking it up on collection day at Carmarthen’s Xcel in Johnstown, or The Warren in Mansel Street.
As well as supporting the local economy the assembly also has health and environmental benefits – customers can find out exactly what has gone into their food, and carbon footprint is also reduced with food travelling an average distance of 28 miles to the pick-up point compared to around 600 miles to a supermarket.
It also reduces waste as nothing gets picked or baked unless it is ordered.
Organiser Carrie Laxton is a retired GP who saw the benefits of a food assembly and decided to set one up in Carmarthen, with the support of Carmarthenshire County Council.
“Local producers are struggling to make a living, and this is an ideal way of supporting them,” she said.
“We have anywhere between 12 and 18 producers most weeks who set up a mini-market at our collection points to meet their customers and hand over the pre-ordered goods. It makes good local food more accessible to local people as well as supporting local producers.”
Cllr Cefin Campbell, Carmarthenshire County Council’s executive board member for rural affairs, said: “This is a fantastic way to support the local economy and local producers. Rural industries continue to struggle but as consumers become more conscious of what they eat we hope that they will return back to the more traditional shopping route which is to buy from local farmers, bakers and butchers.
“The food assembly helps link customers and producers and bringing in the modern element of online orders it is working well for a growing number of people.”
Anyone can register to become a customer of the food assembly, and food producers in around the Carmarthen area are encouraged to find out how they can become involved.
Find information at www.foodassembly.com
Man arrested on suspicion of murder
POLICE are continuing with their thorough enquiries in the search for 28-year-old Hollie Kerrell, who is missing from Knighton.
She was last seen at her home address in Knighton on Sunday, April 22, at around 10am. No one has heard from her since.
An incident room has been set up in Llandrindod Wells police station, and enquiries have led to the arrest of a 35-year-old man on suspicion of murder. He is currently in police custody.
Superintendent Jon Cummins said: “Although there has been a significant development in this investigation in respect of an arrest taking place, we still need the help of the public in this enquiry.
“We’re appealing to anyone with any information or sightings of Hollie from 5pm on Saturday, April 21st onwards to contact us as a matter of urgency. She is described as being 5’5”, medium build with dark brown hair and blue eyes. She was wearing a black skirt and long black cardigan when last seen.
“Please, if you have any information contact us by calling 101.”
If you are deaf, hard of hearing or speech impaired text the non-emergency number on 07811 311 908, quoting Ref: 138 of April 23.
Police issue security advice to businesses following attempted burglary
DYFED-POWYS POLICE is urging businesses to consider increased security measures following an attempted burglary at a business in Dyffryn Road, Ammanford.
Two people were seen attempting to gain access to a unit at around 7.20pm on April 9.
Following on from the incident, Ammanford police have offered the following advice to business owners in the area.
PC Elinor Rees said: “We would advise all businesses to look at their current security measures and consider if they are robust enough to prevent crime.
“We recommend investing in CCTV cameras covering all buildings and grounds around your premises, and ensure the relevant staff are aware of how to download footage in the event it is needed.
“If you need further information on protecting your business, please contact your local neighbourhood policing team by calling 101.”
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