The case, in which American citizen, Gavin Scott Hapgood, is charged with manslaughter resulting in the death of Kenny Mitchell, a Dominican national who worked at Malliouhana Hotel in Anguilla, is to be resumed on September 9.
Mr Mitchell, 27, died on April 13 this year. Mr Hapgood, 44, a financial adviser in Connecticut, was at the time vacationing in Anguilla with his family. Four days later he was arrested and charged with manslaughter and appeared in the Magistrate’s Court where he was denied bail. He was however bailed later on the day for the sum of EC$200,00 at the High Court. He then left the island, for the United States, undertaking to comply with the bail requirement to return to Anguilla to appear in the Magistrate’s Court on August 22.
His appearance in the Court, on Thursday, August 22, was the beginning of the preliminary inquiry. It was a relatively short session. Those involved were Magistrate Mr Keithly Benjamin; the Prosecution represented by Mr Terrence Williams, a former Director of Prosecutions in the British Virgin Islands, and Attorney General in Anguilla, Mr Dwight Horsford – and the Defence Lawyer, Jamaican-born British Barrister, Mr. Courtney Griffiths, QC.
Outside the closed Court were various US media representatives who came to Anguilla to continue their extensive coverage of the case, personnel from media houses in Anguilla, as well as other members of the public.
Among the persons interviewed by the US media was Mr Marshall Mitchell who, among other matters, spoke about the pain and suffering experienced by his family over the death of his brother, Kenny Mitchell, and their expectation for justice.
When Mr Hapgood emerged from the Magistrate’s Court, he read a statement from his cellular phone to the media, saying, among other things, that someday he would “be able to tell the real story in a legal setting. The sooner the day comes, the better.”
Meanwhile, the Leader of the Opposition, Ms Palmavon Webster, gave interviews to a number of visiting journalists. In one of her general comments, she questioned the absence of Government officials at the Court.
Acting Premier and Minister of Home Affairs, Mrs Cora Richardson Hodge, who is also a lawyer, appeared on Radio Anguilla to give the public an update on the case: “The Crown versus Hapgood”. She prefaced her statement by saying in part:
“Let me first say my heartfelt sympathies go out to the family, friends and all persons who were familiar with Mr Mitchell, deceased. It must be a very difficult situation that the family is going through right now – and so my heart goes out to them. It must also be very difficult for the Hapgood family, as well, to have come to Anguilla on holiday and is now experiencing this case that Mr Hapgood must go through.”
She continued: “The first preliminary inquiry took place today. The next hearing date has been set for the 9th of September 2019. The update I am giving you is as a result of a debriefing that took place with the Attorney General and the Governor subsequent to the hearing. The hearing was in relation to time management for the case – and to ensure the efficient conduct of the P.I. (Preliminary Inquiry) and the new date for the hearing on 9th September which is anticipated to last for the entire week.
“The Magistrate has directed that the bail continues under the order that has been issued by the Court, and at that hearing, we are expecting that the case will take place in truth.”
The Minister spoke about the need for all persons to allow the Court system to operate – and cautioned that nothing should be done to prejudice the case. She stressed that cases were not tried by social media but before the Court with members of a Jury who must be impartial to determine a matter without being influenced by outside factors.
She also pointed out that there was a separation of powers in relation to the Executive Council, the Legislature and the Judiciary. She noted that Ministers of Government would therefore not be seen at, or involved in, Court matters such as the case: “The Crown versus Hapgood”. The Minister also took the opportunity to explain the processes that the hearing of the case would normally take involving the Magistrate Court, the High Court and the Appeal Court.
Despite the unfortunate circumstances of the case, the Acting Premier had this to say:
“When we look at what has taken place, from all accounts Anguilla has done very well this year in terms of tourism, tourist arrivals etc., before and after this situation. I think that we need to look at the fact that Anguilla is a beautiful destination. It is a wonderful place in which to live. Of course, it has its ups and downs as does any other country. But, at the end of the day, we all have an obligation to ensure that Anguilla continues to remain in good stead – that we are able to move forward from this situation irrespective of the outcome…
“While we have those hopes that at the end of the day the decision that comes down from the Court is something that we want, whether or not it is for or against, it has to take its course.”
