The Herald Express in Torquay has paid damages to a marine after it wrongly published a photograph of him in a front-page report of a murder trial.

The paper incorrectly published a photograph of 39-year-old Sgt Gareth Thomas, a marine attached to 45 Commando Royal Marines, in a story about 21-year-old Gareth Thomas, serving in the Devonshire and Dorset Light Infantry, who was accused of murdering his uncle.

After the mistake was realised the paper contacted the 39-year-old marine – who has no connection with the murder trial – and published an apology on page three the following day.

It has now also made an unqualified offer of amends under section 2 of the Defamation Act 1996, and agreed to pay an undisclosed sum in damages together with legal costs.

In a statement read out in court yesterday, the claimant’s solicitor, David Price, said: “While the Claimant would have preferred that this serious error had never been made, he accepts that he has achieved all that he can by bringing these proceedings and feels suitably vindicated.

“He is prepared now to let the matter rest.”

In an apology published in June 13, the Herald Express said: “In a front-page article in yesterday’s Herald Express reporting the first day of a murder trial, we incorrectly published the photograph of Sgt Gareth Thomas, a marine attached to 45 Commando Royal Marines. Sgt Thomas, 39, is in no way connected to the court proceedings and is not facing any criminal matter.

“We unreservedly apologise for any distress or embarrassment this may have caused Sgt Thomas, his family and friends.

“Gareth Thomas, 21, who is serving in the Devonshire and Dorset Light Infantry, has been accused of murdering Mike Bailey and is currently on trial at Exeter Crown Court. The two men have no connections at all.”

Herald Express editor Andy Phelan said today: “We identified our error very early on the day of publication and immediately took steps to contact Sgt Thomas, through the Royal Marines’ media ops unit, to make him aware.

“Sgt Thomas was serving in Belize and it was not possible to contact him. I took a unilateral decision to publish a prominent apology and correction on page three of the following day’s newspaper.

“I also wrote letters of apology to Sgt Thomas and his commanding officer.

“As far as I am aware, Sgt Thomas has no connections with Torbay. We offered to pay a sum in damages either directly to Sgt Thomas or to a service charity of his choice. We received no substantive response to the latter suggestion.”