What is believed to be the most complex, intriguing and highly-publicised alleged criminal matter in recent times, in Anguilla, began its preliminary inquiry stage in a closed sitting of the Magistrate’s Court on Thursday morning, August 22.
The accused, Mr. Gavin Scott Hapgood, 44, a UBS financial adviser in Connecticut, has been charged with the manslaughter of Kenny Mitchell, 27, a hotel worker, on April 13 this year while vacationing with his family in Anguilla. He was arrested four days later and appeared in the Magistrate’s Court where he was denied bail. The same day, however, he was granted bail by the High Court in the sum of EC$200,000. He left the island saying he would return to Anguilla to clear his name.
The incident continues to be a hot topic on the island, and in the American media, with claims and counter-claims. All of these matters will be dealt with as the Magistrate’s Court begins its preliminary inquiry and if, and when, the case proceeds to the High Court.
In an interview with local media representatives on Tuesday, August 20, Attorney General, Mr. Dwight Horsford, said: “The normal course of proceedings of this kind is that it goes through a preliminary inquiry which is done by the Magistrate’ Court. It is to determine whether there is enough evidence to put him [the accused] on trial before a Judge and Jury in the High Court.
“The length of time that the preliminary inquiry into the charge will take depends on a number of factors. It depends on the nature of the evidence. It will depend also on any tactical applications, motions or arguments deployed by the defence regarding the evidence that is led. That will require the Magistrate and all the lawyers involved in the committal proceedings to argue and debate [over] a protracted time. So, practically, those two factors will determine how long the P.I. will take.”
The Attorney General continued: “We [the Prosecution], have enlisted Mr. Terrence Williams, who is quite experienced in matters of this kind – being a former DPP [Director of Public Prosecutions] in the BVI. The Prosecution and the Defence, as in the normal course of things, are expected to have discussions on a number of preliminary and management issues as to how both parties intend to proceed with the P.I.” He explained that with various matters before the Court the P.I. would not take one day.
Mr. Hapgood is represented by Mr. Courtney Griffiths, QC, a Jamaican-born British Barrister, notable for his defence in a number of high-profile cases. He is being assisted by Mr. Thomas Astaphan, QC, of Anguilla.
Mr. Hapgood arrived in Anguilla on Monday, August 19, in keeping with his bail conditions, did the necessary reporting requirements and met with his legal team. He left the island the same day, but to return to Anguilla again in time for Thursday’s preliminary inquiry.
It is understood from the Attorney General that the High Court had heard an application by Mr. Hapgood as to whether he could appear in Court by video link, but the Judge ruled that he was required instead to appear in person in the Anguilla Jurisdiction.
