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.
Alerts issued ahead of Storm Brian
NATURAL RESOURCE WALES (NRW) is warning people that parts of the Welsh coast could see localised flooding as Storm Brian combines with high tides this evening and tomorrow.
The conditions could cause a storm surge, which in some areas could lead to overtopping of sea defences. Current predictions show that the worst affected areas are likely to be along exposed sections of the west coast of Wales from Southern Gwynedd to Llantwit Major.
High tides in these locations are expected to peak between 6am and 11am tomorrow (Oct 21).
NRW has already issued a number of flood alerts for the west coast, and is likely to issue flood warnings for Aberystwyth and Newgale later today. Further alerts or warnings for other areas will be issued as necessary.
24/7 Emergency response workers from NRW will be out at key areas of the coast over the next couple of day to monitor the high tides and condition of its sea flood defences.
NRW has also contacted its partner agencies such as local councils and the emergency services to ensure that appropriate responses are in place should the need arise.
Richard Hancox, from Natural Resources Wales said: “Conditions across the coastline are likely to be extremely dangerous this weekend and we urge people to stay clear, and avoid visiting the coast during this time.
“We know people are tempted to try and take photos of these storms, but it really isn’t worth putting your life at risk. Sea spray and flood water can knock you off your feet easier than you might think, and the large waves can send debris flying onto shore.
“If anyone is concerned about the risk of flooding to their home, please check to see if flood warnings are available in your area, and visit our website for advice on how best to prepare.”
Flood alerts and flood warnings are updated on the Natural Resources Wales website every 15 minutes.
Information and updates are also available by calling Floodline on 0345 988 1188. People can also register for free flood warnings either by calling the Floodline number or at NRW’s website.
Major bequests for Aber research
TWO major legacies to support postgraduate research have been announced at Aberystwyth University’s Founders’ Day held in the Old College on October 13.
The University revealed that Eleanor and David James had donated £2m to the institution where they both worked for 35 years, while former student Margaret Wooloff has bequeathed £400,000.
Both bequests will be used to fund postgraduate research at the University, in line with the wishes of the benefactors.
The legacies were announced as part of the University’s now annual Founders’ event, which echoes the celebrations held in the town back in October 1872 when the first students arrived at Old College.
The Vice-Chancellor of Aberystwyth University, Professor Elizabeth Treasure, said: “It is extremely fitting that these very special bequests have been the focal point of this year’s Founders’ Day event. They remind us how the University has been supported since its early beginnings by the generosity of the people of Wales and the wider world.
“Eleanor and David James, and Margaret Wooloff all dedicated their lives to the furtherance of knowledge and their valuable contributions to education in Wales will live on in their legacies. We owe them a huge debt of gratitude.”
The Director of Development and Alumni Relations at Aberystwyth University, Louise Jagger, said: “There is a very strong bond between the University and our family of alumni across the world. Eleanor and David James and Margaret Wooloff were all active members of the Old Students’ Association during their lives and we are immensely grateful to them for their support over the years. Their generous legacies will now enable the scholars of the future to pursue their particular fields of expertise and undertake research with impact, which is integral to our mission as a leading University.”
Members of the local community joined staff and students at the Old College to mark Founders’ Day.
The guest speaker at the event was Ceredigion MP Ben Lake who said: “The story of how Aberystwyth University – or the University College of Wales as it was originally called – is one in which we can all take pride as a nation. Driven by the vision of its founders, the dream of establishing a college with University status in Wales was made possible thanks to the generosity of ordinary people. The roots and foundations of the University reflect our values in Wales and it is vitally important that we commemorate and celebrate this very special heritage.
“May I take this opportunity to congratulate Aberystwyth on being named recently as the University of the Year for Teaching Quality by the Good University Guide – a well deserved accolade which is testament to the dedication of all its staff.”
In July 2017, the Heritage Lottery Fund announced that it had earmarked £10.5m for ambitious plans to redevelop Old College in time for the University’s 150th anniversary in 2022.
Driving Wales to international skills success
AS SKILLS CHAMPION for Wales, Coleg Sir Gâr and Coleg Ceredigion principal Barry Liles is at the forefront of aspiring young people to develop high quality, world-class skills.
The vehicle used to drive this ambition are skills competitions, which are held on a Welsh, UK and international level.
Competitions in Wales begin with regional Welsh Government supported competitions which are events that culminate to find Wales’ top competitors who progress to take part in UKSkills national and WorldSkills international events.
This year, 36 competitors from the UK are competing at WorldSkills Abu Dhabi, four of which are from Wales, two of which represent Coleg Sir Gâr, which is an impressive percentage of UK representation. These competitors have undergone a rigorous training process by WorldSkills UK, supported by training providers and employers.
Coleg Sir Gâr students have been selected for Team UK since 2009 when carpentry student Cliff Williams made the team in 2009 competing in WorldSkills Calgary. He was followed by web designer David Bowen who competed for in WorldSkills London, 2011. Carpenter Gareth Jones won gold in EuroSkills in 2012 followed by Simon McCall and Eleni Constantinou who won two silvers at EuroSkills in 2014 for hairdressing and carpentry with Eleni progressing to represent the UK and Coleg Sir Gâr in hairdressing at WorldSkills, Sao Paulo in 2015.
Last year, the college was ranked joint third place in the UK for its medal success in the Skills Show – the UK final, for achieving three golds, one silver and one bronze award. The show, held at Birmingham’s NEC every year, brings together medal winners from all nations to compete and showcase their skills and to hopefully continue their journey to the international arena, representing the UK in Worldskills which brings over 50 competing countries together and is likened to the Olympic games.
Barry Liles, Skills Champion for Wales said: “To have an impact on the economy and raise Wales and UK’s GVA, we must raise the skills of the UK population and we’re trying to do this from a young age and we’re significantly targeting industries that are important to Wales’ economy.
“The anticipated result is hoped to impact on young people and help them raise their ambitions and to find highly skilled work.”
In Wales, to help achieve this ambition, is a Welsh-Government funded project called Inspiring Skills Excellence (ISE), which is providing a supportive infrastructure to enable competitors from Wales to achieve success at national and international level.
“Much of our work is supporting competitors across Wales in their participation, training and mentoring to help them achieve excellence in skills relevant to economic growth and delivering medal winning success at national and international competitions,” said Paul Evans, ISE pan-coordinator for Wales.
“Using state of the art equipment we also engage with schools, providing hands-on and exciting experiences for young people to raise awareness of careers and the pathways available to them.”
Barry Liles added: “Being Skills Champion for Wales is a long-held ambition perhaps because I came from a vocational engineering background, I am very passionate about it.
“Industry skills are vital in our economy and I don’t want Wales to be left behind, in fact in the last seven years we have helped drive the nation forward to being one of the leading and successful nations in UK skills competitions.”
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