Editor loses conviction appeal after identifying sex case victim
THE editor of the Herald group of newspapers in west Wales has lost his appeal against a conviction for identifying a sex victim in a court report.
Thomas Sinclair must pay an additional £2,220 in prosecution costs, as well as his defence costs, on top of the original orders of a £1,500 fine, £1,500 in compensation, £500 prosecution costs and a £150 surcharge.
Judge Keith Thomas, sitting with two magistrates at Swansea Crown Court, said they found it inconceivable that Sinclair had not read the offending court report in the now defunct Ceredigion Herald, but had simply failed to correct it.
Sinclair, who partly owns and edits the Pembrokeshire, Carmarthenshire and Llanelli Heralds, was found at the original hearing before a district judge to have published so much detail in the report that the victim could be identified when she was entitled by law to anonymity.
Judge Thomas upheld that verdict.
The report had been published in the Ceredigion Herald, which Sinclair closed down, claiming at a recent hearing he did so after advertisers deserted the publication because of publicity about the conviction.
During his original trial his defence tried to argue that the small circulation of the paper meant it would only have been read by 0.68% of the county of Ceredigion before his conviction.
Sinclair’s barrister, Matthew Paul, argued variously that only those who already knew the girl could have worked out that she was the victim referred to.
Judge Thomas said amounted to identification.
The court heard that in a victim impact statement the girl at the centre of the original report said she had not returned to her home area since learning about the publicity for fear that people knew what had happened to her.
“I hope the newspaper learns its lesson,” she added.
Judge Thomas said he noted that Sinclair already had a conviction for identifying a juvenile offender in a report in another of his publications.
Turning to sentencing, Sinclair said closing the Ceredigion that Herald had cost the company £133,000.
He said he was a 33% shareholder in the group and received a salary of £19,000.
Sinclair said the group turned over £850,000 a year, but had never made a profit or paid a dividend.
Judge Thomas said the court would not increase the original financial orders, but Sinclair must pay for the appeal hearings.
Sinclair offered to pay the £2,220 at £100 a month but Judge Thomas told him to pay within 28 days.