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 release new CCTV image of murder suspect
DYFED-POWYS POLICE has released a new CCTV image of Steve Baxter, who detectives are keen to speak to in connection with the murder of Simon Clark from Pendine, Carmarthenshire.
The image was captured in Glynneath on Saturday, September 29. He is believed to have traveled to the west Wales area shortly afterwards and is believed to be in the Haverfordwest area.
Baxter, also known as Steve Tidy, Steve Rowley, Wayne Tidy or William Tidy, is aged 52, 5’5” (1.65cm) tall and has tattoos on his forearms – the name Chez and entwined circles on his left arm and a serpent on his right arm.
He is bald, but was last seen wearing a hat and wig, as shown in this image. He may have made other attempts to alter his appearance such as growing facial hair or wearing glasses.
Detective Superintendent Huw Davies said: “We’re releasing this CCTV image from the latest confirmed sighting of Steve Baxter to give people the most up to date example of how he may be dressed and how he may currently look.
“Time is passing and we really need to speak to Steve Baxter to build a more accurate picture of what happened in Pendine.
“To anyone that may know where he is, please pass this vital information to police.”
The independent charity Crimestoppers is offering a reward of up to £5,000 for information leading to Steve Baxter being found. Information would be taken by the charity anonymously.
If you see Steve Baxter call Dyfed-Powys Police on 999.
If you have any information on the whereabouts of Steve Baxter call Dyfed-Powys Police on 101 immediately.
To pass on information anonymously, contact Crimestoppers on 0800 555 111 or through the non-traceable anonymous online form at www.crimestoppers-uk.org.
David Davies Llandinam show comes to Tregaron
THERE will be a special opportunity for the people of Tregaron to learn about one of Wales’ most successful industrialists, David Davies Llandinam with a performance by the drama company “Mewn Cymeriad”.
To celebrate David Davies’ link with the area, Cered: Menter Iaith Ceredigion, Cymdeithas Hanes Tregaron and Clwb Plant Capel Bwlchgwynt have organised a performance of the family friendly show “David Davies Llandinam”.
David Davies was born in Llandinam, Montgomeryshire but he had an influence across Wales. He built railways across the country including the Manchester and Milford Railway that connected Tregaron with Aberystwyth and Carmarthen by using a huge amount of Cardiganshire wool to lay the rails across Cors Caron.
In addition to being an astoundingly successful entrepreneur, David Davies Llandinam was the MP for Cardiganshire between 1874 and 1886. Nine years previously, he stood against one of Tregaron’s hero, Henry Richard to be the local Liberal Party candidate for the 1865 Election.
Councillor Catherine Hughes, Cabinet Member for Children’s Services and Culture, “The history of David Davies Llandinam is very interesting. It’s wonderful to see organisations coming together to put on this show in Tregaron and Mewn Cymeriad following this character’s fascinating story.”
Mewn Cymeriad is a drama company that travels across Wales to present one actor shows full of fun and excitement to children about historic characters such as Barti Ddu, the Lord Rhys, Hedd Wyn and Owain Glyndŵr. The David Davies show was written by Mewn Cymeriad’s founder Eleri Twynog Davies and the show is performed by the actor Ioan Hefin who has starred in programmes such as Hidden, Gwaith Cartref and Teulu.
The free show of David Davies Llandinam will be shown at Bwlchgwynt Vestry, Tregaron on Monday, 29 October at 7pm. Come to see the actor Ioan Hefin present a lively and interactive show about the man who brought the train to Tregaron. It is an interactive show that is aimed towards children aged 6 to 11 however it is suitable for the whole family.
For further Information, contact Steffan Rees, Cered’s Community Development Officer on 01545 572 350.
Visit to inspect new Active Travel works held
SUSTRANS CYMRU director, Steve Brooks visited recent work to the Aberystwyth Active Travel Network on 26 September. The network of pedestrian, cycling and general accessibility improvements has been developed in partnership with the Welsh Government and Sustrans.
Mr Brooks met with Councillor Alun Williams, Ceredigion County Council’s Cabinet member responsible for Adult Services and the Council’s Sustainability Champion, as well as Council Officers. During the visit they discussed the work carried out so far and future work to improve the Active Travel Network in Ceredigion.
Councillor Williams praised the work undertaken to date, “It was a pleasure to meet with Sustrans colleagues and County Council officers. The excellent work that the County Council has done so far in Aberystwyth was showcased, with the aim of encouraging children to cycle, scoot and walk to school. The improvements do of course benefit everyone in the community by helping to encourage healthier and more active lifestyles whilst reducing traffic congestion and we had a useful discussion about further developing active travel initiatives across the whole of Ceredigion.”
Three towns in Ceredigion have been designated as Active Travel Settlements under the Active Travel (Wales) Act 2013. The Council carried out a public consultation during 2017 to identify and prioritise future improvements. As a result, walking and cycling routes are being improved incrementally through various Welsh Government grants as funding permits and subject to physical constraint.
Steve Brooks said, “Plascrug Primary is one of many schools in Ceredigion where Sustrans’ Active Journeys Programme is delivered and it’s great to see the positive difference made at these locations, in conjunction with improved routes and new scooter and cycle shelters installed by the County Council following successful grant funding from the Welsh Government. The Programme includes classroom activities where pupils can help influence future grant bids and also embraces a range of engaging activities which helps to build the confidence, enthusiasm and skills needed to help form new active travel habits. These activities and lessons support schools’ efforts in achieving Eco-Schools and Healthy Schools awards as well as working towards Sustrans School Mark award which recognises excellence in sustainable travel.”
The Council is also improving active travel opportunities outside these three settlements, such as near schools, employment sites and key tourism destinations.
Image: Left to Right: Sioned Lewis, Sustrans Cymru; Plascrug Primary School Pupils; Councillor Alun Williams; Steve Brooks, Sustrans Cymru; Gari Jones, Ceredigion County Council.
Popular This Week
News5 days ago
Police urge for only ‘essential travel’ during Storm Callum
News4 days ago
Police name Carmarthenshire man killed by Storm Callum landslide
News1 week ago
New Quay RNLI in dramatic dog rescue
News5 days ago
Council releases latest updates as Storm Callum passes
News4 days ago
Residents sought for involvement into Pen Dinas project
News4 days ago
Aberaeron: Boats lost as Storm Callum wreaks havoc in harbour
News4 days ago
Police issue advice to the public over ongoing A484 closures
News6 days ago
New Transport For Wales train service to start tomorrow