The Anguillian newspaper has published a lot of information about the manslaughter incident on the island on our Facebook page which has been widely followed and read.
Two other matters, which have already appeared on social media, are printed below for our archives. The articles are a radio address by Chief Minister, Mr. Victor Banks and an updated press release from the Royal Anguilla Police Force.
Fellow Anguillans, My People,
Our island has been saddened by the untimely and tragic death of young Mr. Kenny Mitchell as a result of an unfortunate incident that took place at the hotel where he worked, and involving a US guest, Mr. Gavin Scott Hapgood. I have already reached out personally to the family of the deceased — but I will now use this opportunity to publicly offer my condolences and prayers to the entire Mitchell family as well as the friends and associates of the late Mr. Mitchell on behalf of the Government and People of Anguilla.
I have been informed that Mr. Gavin Scott Hapgood was charged with manslaughter and has subsequently been released on bail. We extend our prayers to the Hapgood family.
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 assist 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 Anguilla. That is not the attitude that has recommended us to the world as a place that is famous for its hospitality, and where peace and tranquility resides.
My Colleagues and I understand the anger and frustrations resulting from this fatal incident. We appreciate and share the concerns expressed over the optics of these occurrences. The entire situation is certainly a dark chapter in our nation’s history. However, despite this, I remain confident that the matter will be concluded in our courts and that justice will prevail and we must ensure that our actions and utterances do not diminish the possibility of that desired outcome.
I am therefore making this call to all our citizens to maintain an atmosphere of calm even as we struggle to find answers to the many questions that continue to plague our thoughts and minds during this period of mixed emotions.
May God Bless you all and May God Bless Anguilla!
