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.
Police advise ‘hang up on suspicious callers’
A NATIONAL telephone scam, aiming to steal money, has reached residents living within the Dyfed-Powys area.
Paul Callard, of Dyfed-Powys Police’s Financial Crime Team, said: “Action Fraud has today made us aware three people living in Dyfed-Powys have been contacted by fraudsters claiming to be from BT, in the past four days. While three people have reported, we suspect many more have been targeted.
“Victims receive a telephone call from someone pretending to be from BT who is calling due to a problem with the victim’s internet connection speed. During the call the victim is asked to open their online banking, eBay, Tesco and other accounts. The scammer then tries to gain remote access to the victim’s computer to empty the victim’s bank account.
“BT will never ask for remote access to your computer or access to your online bank account. We urge anyone who receives unsolicited/cold calls from any company hang up immediately. Do not enter into conversation with them, provide them with any personal details or send them any money. You should only phone the company back using a trusted phone number.”
If you have been the victim of fraud, attempted fraud, or cyber crime, or have received a potential scam message or computer virus but no money has been lost or you haven’t responded to it, report it to Action Fraud either online or by calling 0300 123 2040.
For further advice and information on how to avoid being scammed visit www.actionfraud.police.uk.
Four arrested as man remains in ‘critical condition’
FOUR men have been arrested after a man was hospitalised in the early hours of Sunday morning (Jan 14).
19-year-old Ifan Richards Owen is in hospital in critical condition after the attack.
The incident took place in High Street, Aberystwyth, at approximately 2:20am.
Four men, aged 19, 20, 23 and 25 have been arrested on suspicion of grievous bodily harm with intent.
They are in police custody.
Police are now appealing for witnesses to contact them as a matter of urgency.
DCI Anthony Evans, of Dyfed-Powys Police, said: “We are issuing a fresh appeal for witnesses to the assault on Ifan Richards Owens, aged 19, which occurred on High Street, Aberystwyth at around 2.20am on Sunday, January 14.
“In particular we would like to speak to anyone who gave first aid to Mr Owens before emergency services arrived.
“Mr Owens remains in hospital in a critical condition.
“We would urge anyone with any information that could assist in our investigation any witnesses to the incident or anyone who may have any CCTV or video footage of the incident to contact police on 101, quoting incident number 402 of January 14. Alternatively, call Crimestoppers anonymously on 0800 555 111.
“Four men, aged 25, 23, 20 and 19, have been arrested on suspicion of grievous bodily harm with intent and remain in police custody at this time.”
£750,000 funding for highway improvements
CEREDIGION COUNTY COUNCIL has recently been awarded almost £750,000 of additional grant funding from the Welsh Government’s Local Transport Fund and Road Safety Capital Grant to carry out further highways improvement schemes in the County.
£596,000 has been allocated from the Local Transport Fund for various schemes across the county which will include removing the pinch point on the C1010 at Gogerddan, near Penrhyncoch. £249,000 of funding is allocated for active travel improvements in Aberystwyth to create an improved shared use path along Boulevard St Brieuc which will continue along the side of the Police Station and up Park Avenue towards Glyndwr Road. A pedestrian crossing on Boulevard St Brieuc will be upgraded to a new toucan crossing, which cyclists can also use alongside pedestrians. This will be the first of its kind in Ceredigion.
The funding will also purchase a new scooter shelter at Plascrug Primary School. Head Teacher Menna Sweeney said: “This is great news because the shelter purchased just 16 months ago following grant funded works on the Avenue cannot cope with current demand due to the amount of children scooting and cycling to the school every day. This is really helping to alleviate the traffic congestion problems previously experienced in the area”.
Two new public cycle repair stands with integrated cycle pumps will be installed in Aberystwyth. One will be placed outside Plascrug Leisure Centre and the other on Aberystwyth University Penglais Campus.
Councillor Alun Williams, Cabinet Member for Transport said: “I’m delighted that we’ve managed to obtain funding to further improve facilities for pedestrians and cyclists. The work will complement the new Parc Kronberg Skate Park and improve the look of this important gateway into Aberystwyth by increasing the number of trees and spreading them wider along Park Avenue as well as renewing the currently uneven section of pavement on the street.”
Additional funding has been allocated to the Cardigan Active Travel Area Year 2 Scheme, which earlier this year saw a new 20mph zone with traffic calming outside Cardigan Secondary School and a new footway link and pedestrian refuge crossing on Aberystwyth Road. The extra funding will fund footway widening on Pontycleifion Road and the provision of new dropped kerbs to assist mobility and pushchair users to improve the link between the Town Centre and Parc Teifi Industrial Estate.
Deputy Leader of the Council Cllr Ray Quant MBE and Cabinet Member for Technical Services said: “I’m delighted that Ceredigion residents will benefit from a further three quarters of a million pounds funding from the Welsh Government for transport schemes throughout the County and I look forward to seeing the improvements which should be completed by the end of March 2018.”
A Road Safety Capital Grant of £149,963 will fund the replacement of 15 Vehicle Activated Signs. These signs alert drivers exceeding the speed limit to slow down at locations with a history of personal injury collisions.
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