Dead men tell no tales. This is the situation with which we are faced in what has become the most riveting manslaughter mystery Anguilla has ever seen. I don’t say that to make light of the situation. A mother has lost her son. A daughter has lost her father. Family and friends have lost someone dear to them. The nation has questions about what happened in that hotel room that fateful Saturday – about whether justice will be dispensed fairly in this case? To say that people are paying close attention would be an understatement. This case has garnered the attention, not only of the local news media but the American news media and the international media as well. Locally, persons have been using social and other available media to advocate for justice. #justiceforkenny has become a popular hashtag, ensuring that this matter is not forgotten.
Further afield, the accused Gavin Scott Hapgood has been using the American media to give his side of the story. He has been telling a tale of being the victim of a vicious attack which left him no choice but to protect his family. A local witness has also come forward and engaged in interviews with the American media to give another perspective on what was happening prior to Kenny Mitchell’s death. It is left to be seen what evidence will be revealed in court when the case goes to trial.
The first date for the preliminary inquiry into the matter was 22nd August 2019. Mr Hapgood appeared for this court date contrary to the belief of many that he would not return to the island. Also swooping down on Anguilla were various American television news outlets. They interviewed onlookers – outside the Court House – including the members of Kenny Mitchell’s family, his friends – and even Mr Hapgood himself. Various parts of these interviews were played on American TV that evening and the following day. It seems the whole world is captivated by this case of the American tourist accused of killing a hotel worker at a luxury resort on the tiny Caribbean island of Anguilla.
For Anguillians and others living here, though, the cry is simply for justice. For there to be fairness in dealing with this matter. That there be no special privileges afforded to Mr Hapgood because of his wealth, race or nationality. People have been outspoken on the issue. I must admonish them, though, that they ought not to say in one breath that Mr Hapgood should not be treated differently to any other accused, and in the other breath take issue when the court and legal officers continue with the usual procedures they would adopt for any other preliminary inquiry or investigation. Many of the complaints I have heard are in relation to things which are standard procedure, and would not have gotten any attention had it been any other case.
This case is the subject of discussion on social media, radio, in barbershops, rum shops, on the block, in living rooms – and the list goes on. Many have called into question the fairness of the justice system, thus leading to a statement from the Honourable Attorney General, asking that persons “not engage in utterances and publications, of whatever kind, which undermines, or are calculated to undermine, or is likely to undermine the integrity of the judicial system and the course of justice in this particular case. All persons are asked to be circumspect in their media commentary and to be respectful of the rule of law”. The Attorney General also threatened legal action if necessary.
As Paul Keens-Douglas, the creator of “Tanti Merle”, would say: Who tell he say that? The Attorney General’s statement appeared to have set fire in people. They claimed that he is trying to muffle them and breach their constitutional right of freedom of speech. They became even more resolute in their position that they will not be silenced until justice is served. If this matter goes past the preliminary enquiry and goes to High Court for trial, the looming question is whether people will accept the outcome, whatever it may be. What does justice look like to our people: is it having a fair trial where all the evidence is presented and impartially examined, or is it a conviction of the accused Mr Hapgood?
I am not here to surmise on the theories about what really happened in that hotel room or on the potential outcome of the matter. There is one other person who knows the truth. Sadly, we will never hear his voice as he has been forever silenced.
