January 5 2015
Dear Mr Editor:
Drag Racing on Jeremiah Gumbs Highway
Since October there has been little follow-up on the big push by the small group seeking to secure Government sponsorship for drag racing in Anguilla which they claim will benefit youth on the island – when it will actually benefit, financially, those pushing for the project, with only a few young drivers really involved. Now suddenly, out of the blue, we read that the Executive Council (“ExCo”) has approved this concept by providing this private group of proponents with the use of a major public road, the Jeremiah Gumbs Highway, for their drag racing program , rather than requiring the group to develop their own race track.
First of all, this is a public highway important as a connection to the ferry and West End, built through the taxes of the citizens of Anguilla, for their benefit. And yet we have a limited number of politicians perfectly willing to allow a private enterprise, for its own benefit, to take over this highway for three to four hours each session, as they chose, thus excluding the general public, and particularly those who live in the area, from having access to this important public facility during this private use of the highway.
Not only that, but drag racing is inherently dangerous and accidents can easily occur which can result in deaths and injuries to participants and spectators. Yet, the proponents seek to have the police oversee and supervise these races and any of the mishaps which may occur. The proponents, who seem to have only ordinary assets, argue that they will assume responsibility and that they will obtain insurance coverage for the races.
Having been a trial attorney for many years, I would predict that if a serious disaster were to occur those with grievous injury claims would ultimately look to the Government for further redress, even though the proponents might be able to obtain insurance which, I believe, is doubtful having in mind how dangerous an enterprise it would be.
The police are under the supervision of the Governor, acting on behalf of the UK, and yet with the exposure which the police and the Government of Anguilla have with regard to what the ExCo is now proposing, she has been seemingly silent in the time since the proposal was first made. Is her alleged silence the result of an unwillingness to confront the AUM and Hubert Hughes? The news report of what the ExCo decided stated that it would be looking to the Attorney General to set up legal provisions allowing the drag racing contemplated. That being so, he must set up requirements which will protect the police and the Government from potentially large liabilities.
Faced with a situation such as this, governments, for self-protection, often require that the private enterprise post a bond requiring it to reimburse the Government for any expense or liabilities the Government incurs as a result of the activities of the enterprise. This would be in addition to any insurance it may be able to obtain. It is doubtful, however, that the proponents, who apparently have only ordinary assets and no financing, could obtain such a bond – which is more reason they should not in effect be allowed to be partners with the Government in a dangerous undertaking.
The ExCo has assigned the Minister of Culture, who has been pushing for the program, to set up the program with the proponents. Has he given any thought to any of the ways the Government and police must be protected, as is suggested herein?
A Concerned Citizen
