Today, 22 August, criminal proceedings in the case of Commissioner of Police versus Gavin Hapgood began in the Courts of Anguilla. Today’s hearing was the start of the preliminary investigation into the case. This is the step when a magistrate determines – on the basis of the material presented by the prosecution and defence teams (the parties) – whether there is sufficient evidence to pass the case up to the High Court to be tried by a jury. At today’s hearing, and based on the representations made by parties as to the time arrangement for the presentation of evidence, particularly forensic expert evidence which needs to come in from overseas, the magistrate adjourned the preliminary inquiry until 9 September 2019. Mr. Hapgood remains on bail as granted by the High Court on 18 April 2019 but is bound to return to that hearing for which five days have been scheduled.
Once any case is put before the court the judicial process must be allowed to take its course. Matters of guilt or innocence need to be determined by the court and by the court alone without interference. Judicial independence lies at the heart of our Constitution. Consequently, all of us – irrespective of our role or position – have a duty to respect the independence of the court, and a responsibility not to act in any way that might prejudice the course of justice. For this reason, I have not commented on, and I will remain silent on the content of this case. Out of the same respect for the rule of law, I would encourage others to reflect carefully on their own actions and to note and take heed of the Attorney-General’s statement issued today.
