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.
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Penrhyn-coch Brownies compose song
PENRHYN-COCH Brownies were congratulated for composing a new Welsh language song recently. The workshops were part of a program of Welsh language workshops organised by Cered – Menter Iaith Ceredigion.
Following a series of workshops with the young singer, Mari Mathias from Talgarreg, the girls decided to compose a song. ‘Yn yr Haf’ was recorded with the girls singing and Mari on the guitar. All the group members received a copy of the song on CD.
Rhodri Francis, Cered’s Development Officer said: “It has been a pleasure to work with the group and we congratulate members on their masterpiece. Thanks also to the leaders for their enthusiasm in securing opportunities for the members to socialise in Welsh outside of school hours.”
Cered’s main aim is to support, influence and develop the use of the Welsh language in Ceredigion through partnership and co-operation, to establish the best possible foundation for the development of the language in the society and community.
Wendy Reynolds, leader of the Brownies unit in Penrhyn-coch said: “The experience has been amazing for the girls and they’ve had a lot of fun doing activities through the medium of Welsh.”
Follow all the news about the wider work of Cered, through liking the Facebook page @ceredmenteriaith or follow on Twitter @MICered.
For more information on Cered, phone 01545 572350 or email email@example.com.
Theatre caravan coming to Aberystwyth
THE SMALLEST cinema in a theatre caravan will be on the Promenade in Aberystwyth for three Saturdays this summer.
Staff from Ceredigion Museum, together with the Friends of Ceredigion Museum, will be hosting a series of free entertaining events in and around the theatre caravan on July 28, August 4, and August 11 between 12pm and 4pm.
Sarah Morton, the Events Organiser for Ceredigion Museum said, “We have a series of short local films from the National Film and Screen Archive which links to our summer exhibition relating to the seaside at the museum, in the old Coliseum Theatre. The two minute films show people on the beach and promenade in Aberystwyth as well as Y Borth. We will also have singing from the Showtime Singers to add to the entertainment.
“We will be situated in and near the bandstand and hope to be able to bring some of the traditions of a typical coastal break back to life.”
Besides the theatre caravan, there will be a Guess-the-Object held in the bandstand with museum staff to aid in identifying the mystery objects.
For more details about the caravan and the entertainment, contact Sarah Morton at Ceredigion Museum on 01970 633088
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