We have seen that Anguilla’s 368-year old judicial system has evolved through three distinct phases:
1. The Period Before Union with St Kitts in 1825
2. The Period of Union with St Kitts
3. The 1967 Anguilla Revolution to Today
Last week, we looked at the second period, from settlement in 1650 until union with St Kitts in 1825. Now we conclude by looking at the most recent period, from the Anguilla Revolution of 1967 to today.
3. From the Anguilla Revolution of 1967 to Today
Associated Statehoodship in 1967 brought with it the West Indies Associated States Supreme Court. It had a short life span in Anguilla. Almost immediately, Anguilla was in rebellion against being forced into Statehoodship with St Kitts and Nevis. The Anguilla Revolution of 1967 was the first successful armed revolt in the British West Indies. I am told that the thirteen members of the St Kitts police force manning the police station were packed onto a LIAT airplane still dressed in their pyjamas. The St Kitts Judge was jeered out of his Courthouse and chased down the runway until he boarded a waiting flight to take him back to St Kitts. The social welfare officer, Raphael Lake, was appointed Magistrate by the Anguilla Council, and functioned in that office until he was replaced by the British administration after their invasion of the island in 1969.
In 1971 the British Parliament passed the Anguilla Act, which permitted Britain to separately administer the Anguillian part of the Associated State of St Kitts, Nevis and Anguilla. Britain selected and paid for a Magistrate, a High Court Judge, and three Judges of the Court of Appeal. These were appointed by the Judicial and Legal Services Commission of the West Indies Associated States. Appeal lay to the Privy Council, and at least one appeal went all the way before Anguilla re-joined the official West Indian judicial family. The Judges were mainly retired West Indians, while the Magistrates came from either Britain or the West Indies.
In the early part of 1972, the first laws for Anguilla, made in Anguilla, were enacted under the provisions of the 1971 Constitution. There were twenty-six laws in all, covering such matters as financial administration, police, council elections, marriages, courts, and taxes. These laws were made by the Commissioner “after consultation with the Anguilla Council”. They were not introduced into and debated in any legislative Assembly in the normal way. They were enacted by the Commissioner. This was not a satisfactory state of affairs, and this early period was marked by disputes between the local members of the Anguilla Council and the British Commissioner.
The first general elections under the new Constitution were held on 24 July, 1972. The Fourth Anguilla Council that resulted found itself completely without any power. Laws continued during 1973 to be made by Her Majesty’s Commissioner “after consultation with the Anguilla Council” without the benefit of debate in any Legislative Assembly. The situation remained unchanged during 1974 and 1975. The Anguilla Council was continually unhappy with the arrangement that gave the Commissioner total power and control. The result was a series of strikes and other civil unrest during the period of legislation by the Commissioner.
The constitutional crisis of 1974 and 1975, caused in part by the lack of an Assembly in Anguilla, was calmed when the British agreed to constitutional reform. The 1976 Anguilla Constitution was made on 19 January and came into effect on 10 February, 1976. For the first time, this provided for laws to be made by the Commissioner “with the advice and consent of the Assembly”. Laws passed from this date were introduced into and debated in the Legislative Assembly, and then assented to by the Commissioner. These are proper laws as we understand them. They can be said to be the first laws that were truly made by the elected representatives of the people. The first such law was a humble and insignificant one, now long forgotten. The Anguilla Fund and Financial Administration (Repeal) Ordinance, No 1 of 1976 did nothing more than bring back the old St Kitts Finance and Audit Ordinance of 1965 with such modifications as were necessary to bring it into conformity with the Constitution of Anguilla. It was passed by the Legislative Assembly on 13 May, 1976. It commences with, what for a lawyer, are the magical words, “Enacted by the Legislature of Anguilla”. Modern constitutional government had at last come to Anguilla.
In 1980, the People’s Action Movement political party in St Kitts gained power by defeating the Labour Party in general elections. The administration of the new St Kitts-Nevis premier, Dr Kennedy Simmons, negotiated with Britain for independence. The British agreed, on condition that Sombrero was transferred to Anguilla from which they could more easily control the light-house on that island and the sea approaches to the Panama Canal, and on condition that St Kitts let Anguilla go. So, by mutual agreement, Anguilla was separated from the Associated State and reverted to full colonial status. St Kitts-Nevis agreed, and Anguilla was brought under full colonial rule on 16 December 1980 by the Anguilla Act 1980 of the UK Parliament.
In the year 1982, the Eastern Caribbean Supreme Court, to give recognition to the demise of the Associated States and their replacement by independent Commonwealth Caribbean countries, replaced the West Indies Associated States Supreme Court throughout the region. The Robert Bradshaw regime had previously vetoed Anguilla’s participation in any regional institutions, including the regional Court. The new St Kitts government of Dr Kennedy Simmonds relented, and Anguilla began to join the various regional bodies. The Anguilla Assembly passed the Eastern Caribbean Supreme Court Act, and re-entered the fold of the regional judiciary. From that time the Magistrates and Judges of Anguilla have been selected and appointed by the Judicial and Legal Services Commission, headquartered in Saint Lucia.
By the late 1990s the old Courthouse was no longer adequate to serve as a multi-purpose building. The tourism industry had fuelled an enormous growth in the economy, and crime and other litigation had mushroomed. With British financial assistance, a new building was constructed in the administration grounds. Until Hurricane Irma of 2017, it housed the Magistrate’s Court, the High Court, and the House of Assembly. With the destruction of the roof over the House of Assembly on 6 September 2017, the two surviving courtrooms struggle to serve all three bodies as best they can.
