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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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Carmarthenshire Archives’ new building officially opened

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ON MONDAY, November 28, Cllr Rob Evans, Chair of Carmarthenshire County Council, unveiled a specially designed plaque to commemorate the official opening of the brand new Carmarthenshire Archives building.

The official opening was attended by year 6 pupils of Ysgol Y Dderwen, along with their Headteacher Mr Dylan Evans, who designed the plaque by compiling various artwork and sketches that are housed at the Archives.

Established in 1959, Carmarthenshire Archives is the local authority archive service for the County of Carmarthenshire and the new building is located at St Peter’s Street, Carmarthen. 

The service is home to our extensive collection of historic documents that date from the 13th century to the present day. The collection includes archives, maps, books, photographs, videos and sound recordings. It is the Archives’ mission to preserve and make its documents available for general study and research.

Admission to Carmarthenshire Archives is free and open to anyone who wishes to use the Council’s records. Most of its services are free, but we do charge for some extra services and help.

Speaking at the opening ceremony, Cabinet Member for Regeneration, Leisure, Culture and Tourism, Cllr Gareth John commented:

“Congratulations to the pupils of Ysgol Y Dderwen, they have designed an excellent and appropriate plaque that is inspired by the treasure troves of our archives. It was wonderful to welcome them to the official opening so that they can see their work take pride of place at a building that holds great significance to us in Carmarthenshire. 

“This is a brand new and modern building that is fit to keep and protect our county’s most precious historical documents. 

“But of course, these documents are meant to be viewed and studied by school children, students, academics and anybody who has an interest in Carmarthenshire’s rich history; and this excellent facility provides the perfect space for people to come and view these treasures.”

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Llandeilo gas works to begin say Wales & West Utilities

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WALES & West Utilities will shortly begin work to upgrade gas pipes in Llandeilo.

Wales & West Utilities has liaised with Carmarthenshire County Council to plan the work and it has been agreed that work will commence after the town has celebrated the Festival of Senses.

The £123,000 investment scheme, which is essential to keep the gas flowing safely to heat and power local homes and businesses, will begin in New Road on 21 November. This section of work will be complete before Christmas and Wales & West Utilities will return to the town next year to undertake further work in the Crescent Road area. Barring any engineering difficulties, work in the town will be complete by the end of February next year.

Wales & West Utilities Adam Smith is managing this gas pipe upgrade work. He said: “Working with the Council, we have planned this work to accommodate the needs of the town.

“While most of the gas network is underground and out of sight, it plays a central role in the daily lives of people across Llandeilo. Whether it’s heating your home, making the family dinner or having a hot bath, we understand how important it is for your gas supply to be safe and reliable and there when you need it.

“We know that working in areas like this is not ideal, but it really is essential to make sure we keep the gas flowing to homes and businesses in the area, and to make sure the gas network is fit for the future. We’ll have a team of gas engineers on site throughout the project to make sure our work is completed as safely and as quickly as possible while keeping disruption to a minimum.

“This work is essential to keep the gas flowing to local homes and businesses today, and to make sure the gas network is ready to transport hydrogen and biomethane, so we can all play our part in a green future.”

Our Customer Service Team is ready to take your call if you have any questions about our work. You can contact them on freephone 0800 912 2999.

Alternatively, you can contact us on Twitter @WWUtilities or Facebook.com/WWUtilities.

Wales & West Utilities, the gas emergency and pipeline service, brings energy to 7.5m people across the south west of England and Wales. If you smell gas, or suspect the presence of carbon monoxide, call us on 0800 111 999 straight away, and our engineers will be there to help any time of day or night. Before visiting, we’ll ask you to let us know if you or anyone in your household, is experiencing Coronavirus symptoms or self-isolating. We’ll still come and help you: but our teams will take some additional precautions to keep us all safe.

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Police appeal following theft of items from Home Bargains Crosshands

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OFFICERS from Dyfed Powys Police have confirmed that they are investigating the theft of items, including a Christmas Nutcracker Ornament valued at £129.99, from the Home Bargains store in Crosshands, Carmarthenshire.

The theft occurred at about 12:40pm on Tuesday, 27th September 2022.

Officers have carried out all possible lines of enquiry, and are now appealing for help from the public.

They would like to identify the people in the CCTV image, who may have information that could help the investigation.

Anyone who knows who the people are, or if you believe you are pictured, contact Dyfed-Powys Police.

This can also be done either online at: https://bit.ly/DPPContactOnline, by emailing 101@dyfed-powys.police.uk or phoning 101.

If you are deaf, hard of hearing, or speech impaired text the non-emergency number on 07811 311 908.

Please quote reference DPP/2006/27/09/2022/02/C

Alternatively, contact the independent charity Crimestoppers anonymously by calling 0800 555111, or visiting crimestoppers-uk.org.

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