HE William Allistair Harrison
Governor of Anguilla
Government House
Old Ta
Anguilla
June 13, 2013
Dear Governor,
Your recollection of what transpired yesterday are void of the facts. This is not what happened. You said in the Executive Council that due to the fact that I showed my hand as it relates to the Dolphin appeal, I should recuse myself the Dolphin Appeal on the advice of the AG; so I moved to recuse myself based on your statement. I wanted to be there and thought I would be absent during the appeal but would have had the chance to cast a vote and was prohibited from doing so by you, who Chair the Executive.
At no time did you ask if the Ministers had objections. I am shocked and dismayed that you would make such an untrue statement.
The same advice should have been given to Minister Baird by you because he did as I did and was allowed to remain. Whether he showed his hand in favour or against, he showed his hand (against the Dolphins) and I should have been called back to vote or he should have been prohibited based on the above. As a matter of fact, Minister Baird had never before raised his objection to the Dolphin Discovery project in Blowing Point and yesterday, he raised his opposition in a most clear manner. We were all surprised that Minister Baird would oppose a going concern that were creating opportunity and jobs for the people of Anguilla.
This is a travesty and based on what I have read in the Constitution, I have come to the realization that you do not have a vote in Executive Council.
I register my support for the Dolphin Discovery being in Anguilla before and now, and I know that the Parliamentary Secretary, the Minister of Home Affairs and the Chief Minister all support it as well. The Former Minister of Home Affairs, Hon. Walcott Richardson does too and you have always cited the Constitution and the authority within. You should uphold the Constitution even when it does not suit your purposes. You have said on several occasions and I quote, “I will be guided by the Constitution of Anguilla, which cannot be amended by EXCO”.
Both yourself, and the Attorney General advised me wrongly and I have lost all confidence in the Attorney General. Numerous lawyers from the Anguilla Bar Association including John Benjamin QC and Keithly Lake has made it public on real talk aired last evening on Radio Anguilla that this vote cannot withstand judicial scrutiny and questioned the advice that is given to the Government by the Attorney General Wood. They have stated that Government should have independent legal advice and I have come to the realization that this is true.
We totally oppose your letter as coming from the Executive Council because the Executive Council comprise of the Chief Minister, the three Ministers and two ex-officio members, which includes the Deputy Governor and the Attorney-General and we did not make this decision. I am asking for a legal opinion from Mr. Wood on this position and your vote.
This process was tainted and this letter in which you plan to send out cannot stand. We are the Executive Council and we do not agree with your statement!
Evan Gumbs
Acting Chief Minister
Cc: Media
Ministers of Government
(Published by The Anguillian newspaper without editing)
