While I recognise that all Anguillians are weary of the events and failures surrounding the tragic death of Kenny Michel, it is time those events and failures are put into perspective,
The tragedy occurred during the evening of 13th April 2019. The Accused appeared before the Magistrate on 17th April. On the same date Counsel for the Accused made an application to The High Court Judge and was successful in his application for bail in the sum of EC$200,000.00. The Accused has been remanded to appear in court on August 22nd 2019.
If the accounts we have heard are true – I have no reason to doubt them – the prosecution (the Police) did not oppose bail but also, if that was not bad enough, they acquiesced in the Accused first being accommodated in a luxury hotel and then being permitted to leave the country, pending trial in August. This treatment was unique to this particular defendant and was apparently decided upon and approved by those concerned long before the police enquiries into the matter could possibly have been complete. Indeed it seems unlikely that investigations are fully complete even at this juncture.
Was it then any surprise that a broad cross section of the people of Anguilla were up in arms at the inequitable treatment of a well off privileged person? And what did the Chief Minister do or say to bridge their entirely understandable anger? He did and said absolutely sweet nothing until after, on Friday, I sent him the following email:
Dear Victor
Further to my observations yesterday in the Select Committee meeting, when we were considering proposed constitutional reforms affecting the rights of our citizens, I write to repeat my conviction that it is absolutely your duty to explain to the people the circumstances under which Mr Gavin Hapgood, despite having been charged with the manslaughter of Mr Kenny Michel, has been permitted to leave Anguilla on bail.
This development, without more, appears to be a gross miscarriage of justice, particularly insofar as many others now remanded in custody are not afforded that privilege or similar treatment. It is incumbent on you, as Chief Minister of this country and as head of the executive arm of government, to confront this matter publicly.
Kind regards, Pam Webster
Only then did the Chief Minister, the following day, make an insipid and misleading statement on Radio Anguilla, which in part reads as follows:
Fellow Anguillans, My People,
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The fatal incident that occurred last Saturday afternoon, even though it has many far-reaching implications, is first and foremost a police matter. As a consequence the Royal Anguilla Police Force is the agency that has the responsibility to investigate such matters so as to obtain evidence to arrive at an understanding of what occurred. Once such evidence has been secured we expect that they will, in consultation with the Attorney General’s Chambers as necessary, decide who is to be charged and with what offence. The matter then falls under the purview of another agency, namely, the Court System to adjudicate the matter. The Courts will then decide whether the accused will be granted bail or held on remand; the terms of any bail granted; when the accused will have his/her day in Court; and ultimately after hearing witnesses called on behalf of the Prosecution and the Defence a jury will determine whether an accused person is guilty or not guilty. If the jury returns a guilty verdict the accused person is then sentenced by the judge. These two agencies, namely, the Police and the Courts are at the core of our justice system and no other arm or department of Government should intervene in that process.
That brief explanation is not by way of undermining any ones grasp of these realities but rather to emphasize the importance of keeping these concepts in focus, even when we are justifiably outraged or emotionally distressed regarding any matter before these agencies. As can be expected the events over the past week has raised a number of questions and concerns, but as responsible citizens we must allow these agencies to do their work.
In my position as Chief Minister, as well as in the case of all my ministerial colleagues, (irrespective of our personal views on the matter) we cannot properly intervene or intercede in any matter before any of these agencies and can in fact be charged or held in contempt were we to attempt to do so. It is precisely to ensure the independence of these agencies that the concept of separation of powers between the Executive: Legislative: and the Judicial arms of Government is enshrined in our Constitution. In every truly democratic society, adherence to these principles assists in ensuring that social justice is maintained and that the rights of all citizens are upheld.
It Is because of my concern for the proper exercise of justice in this matter that I have decided as the Leader of the Legislative arm of Government not to make any statement that may prejudice this matter. I am very much aware that in matters of this nature an atmosphere of calm is critical to the effective exercise of justice. Many of the comments that are posted on social media and the utterances on some broadcast media can give the impression that our anger goes beyond the accused and seeks to attack a wider group of people. Anguilla has been known for its welcoming and friendly people. Let us not come across as if we are spreading hate to visitors and friends of Angullla. That is not the attitude that has recommended us to the world’s place that is famous for its hospitality, and where peace and tranquility resides.
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May God bless you aII and May God Bless Anguilla!
It is utterly incomprehensible to me that, AFTER the Accused had already been granted bail and permitted to leave Anguilla the Chief Minister would mislead the public by saying: “The Royal Anguilla Police Force is the agency that has the responsibility to investigate such matters so as to obtain evidence to arrive at an understanding of what occurred. Once such evidence has been secured we expect that they will, in consultation with the Attorney General’s Chambers as necessary, decide who is to be charged and with what offence. The matter then falls under the purview of another agency, namely, the Court System to adjudicate the matter. The Courts will then decide whether the accused will be granted bail or held on remand; the terms of any bail granted; when the accused will have his/her day in Court; ………….”. Is the Chief Minister sleep-walking? At the time of his statement the Accused had already been charged and the Court had already decided to grant bail. Who is the Chief Minister trying to fool?
Chief Ministers are expected to lead. The Commissioner of Police and the RAPF report to the Governor. Our Governor and Acting Governor are responsible for our internal security. The Attorney General’s role is to advise Government and to ensure that criminal matters are prosecuted effectively and that the system assuring social justice is managed properly. And while the authorities are not supposed to interfere in the judicial process they are equally not expected to stand idly by while the judicial process is brought into disrepute, as it appears it deliberately was by the events which have occurred so far in this sorry chapter of errors. Nor are they supposed to mislead the public about what has already occurred.
There are a number of principal suspected culprits in this affair; you know who you are and you know your role in this disaster. May you forever hang your heads in utter shame. For the Chief Minister to attempt to gloss over and distort what has occurred is no less shameful and lacking in principle. It is nothing short of an attempt to undermine and devalue the rational and entirely understandable disgust felt by many people in Anguilla, Anguillians and non-Anguillians alike, at the relative injustice endured by all other accused persons in similar circumstances.
It is when we are caring and proactive in our role as leaders that we avert harm and mitigate pain and loss occasioned by tragedy; it is also how we prevent and dissuade breaches of our law and challenges to peace and security everywhere.
Our love and prayers are with all those suffering the loss of loved ones. Rest in Peace Kenny Mitchel.
