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.
Aberystwyth CID appeal following serious assault
ABERYSTWYTH CID are investigating a serious assault that occurred in the Castle Street area of Aberystwyth at approx. 4.45pm on Tuesday, June 15 2021. Following medical treatment the victim is recovering at home. Police are appealing for any witnesses to the assault and anyone in the vicinity around this time, or immediately prior to the incident, that may have witnessed people acting suspiciously.
Anyone with information that could help officers with their investigation is asked to report it to Dyfed-Powys Police, either online at https://bit.ly/DPPContactOnline, by emailing email@example.com, or by calling 101. If you are deaf, hard of hearing, or speech impaired text the non-emergency number on 07811 311 908. Alternatively, contact the independent charity Crimestoppers anonymously by calling 0800 555111, or visiting crimestoppers-uk.org. Quote reference: DP-20210615-268
New Quay RNLI’s special artwork to honour local volunteers is unveiled
ON SUNDAY (June 13) saw a special artwork unveiled at New Quay Lifeboat Station by RNLI’s Director of Lifesaving Operations, John Payne. The artwork was created by local amateur artist and wife of New Quay RNLI’s Lifeboat Operations Manager, Mrs Tina Couch who wanted to pay tribute to the special job the volunteers do, particularly during the COVID-19 pandemic.
Mrs Couch talking about the artwork said, “Last year some of the volunteers went above and beyond and worked hard in the community by delivering food parcels and medicines to those shielding in the area. I wanted to pay tribute to all the volunteers at New Quay Lifeboat Station so decided to paint a mural with a portrait of each volunteer. This artwork is to recognise all the hard work they did during the lockdown, as well as being on call 24/7 to save lives at sea.”
John Payne, RNLI’s Director of Lifesaving Operations added, “It was an honour to unveil this wonderful piece of artwork, a great end to celebrating Volunteers’ Week. Our communities benefit enormously from our volunteers’ selflessness and this is a special way to reflect on their achievements. I would like to thank every one of you who make the RNLI what it is today, and recognise the sacrifices and efforts undertaken in giving your time, energy and positivity to the organisation.”
While Mr Payne was visiting New Quay Lifeboat Station he had another presentation to make, a certificate of thanks to Steffan Williams who raised over £2,200 for the RNLI’s Mayday Mile campaign. Steffan, aged 12, a pupil in Ysgol Bro Teifi, paddleboarded not just one mile but accomplished 10 miles in under four hours and smashed his target of £100.
Mr Payne said, “This is a great achievement for someone so young. Steffan has shown his determination in being a lifesaver, and he is definitely someone to watch in the future as he continues his volunteering within the RNLI.”
Steffan said, “I am so pleased that I’ve raised so much for the RNLI and want to thank everyone who has donated. It is a charity close to my heart as my Dad is a crew member and I want to join when I’m older too. They are all volunteers and need our help to pay for equipment and lifeboats.”
If you would like to volunteer for the RNLI please visit the website to find out more: https://rnli.org/support-us/volunteer/how-you-can-volunteer/be-a-lifeboat-station-volunteer.
Or if you would like to donate to New Quay RNLI to help the volunteers save lives at sea please visit: https://www.justgiving.com/fundraising/new-quay-wales.
Strategic plan to strengthen Welsh medium education
A CONSULTATION period will be held during the autumn term this year to increase the number of pupils in Ceredigion who will be able to develop and learn through the medium of Welsh.
During a Cabinet meeting held virtually on Tuesday, 15 June 2021, members discussed the Welsh in Education Strategic Plan for 2022-2032. The plan is a 10 year strategy which sets out the requirements to reach the Welsh Government’s target of achieving one million Welsh speakers by 2050.
Cabinet Members agreed to hold a consultation period during the autumn term of 2021 for eight weeks, incorporating views by pupils, parents, schools and governing bodies.
The strategy outlines aims which include increasing the number of nursery and reception age pupils in Welsh medium education; encourage more learners to study Welsh as a subject and subjects through the medium of Welsh; increase the provision of Welsh medium education for pupils with additional learning needs and increase the number of teaching staff who can teach Welsh as a subject and subjects through the medium of Welsh.
Councillor Catrin Miles, Ceredigion County Council’s Cabinet Member for Schools, Lifelong Learning and Skills, Support and Intervention, said: “The Welsh in Education Strategic Plan reinforces Ceredigion County Council’s aspiration to strengthen the position of the Welsh language through its Language Strategy. I’m pleased to see that a consultation period will be held this autumn to gather ideas in order to plan and develop Welsh medium education in our county.”
Councillor Ellen ap Gwynn, Leader of Ceredigion County Council, added: “I welcome this draft document which aims to create more opportunities for pupils across the county to take full advantage of Welsh medium education.”
Following the consultation period, feedback will be considered and the plan will be reintroduced to the Healthier Communities Overview and Scrutiny Committee and the full Council for consideration and final decision. The proposal supports the Council’s Strategic Objectives and the Welsh Government’s Million Speakers by 2050 Strategy.
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