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Covid-19 Border Control By Don Mitchell, CBE, QC Anguilla Day, 2020

June 8, 2020
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Anguillians will all be aware of the police press release of Monday 25th May which sought information from the public about,
a small blue boat with white engines motoring (in contravention of Anguilla Border Regulations) which dropped four persons into the water about 150 meters from the beach. These persons swam to shore and entered Anguilla illegally.

Now on Wednesday 27th May we see a new police press release. It advises that,

The matter has been fully investigated by the RAPF’s Major Crime Unit. They are satisfied having examined all the evidence and interviewed a significant number of people, that this was not an illegal landing. But, it was a local breach of current Border Regulations by persons who are resident in Anguilla.

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The Emergency Powers (Covid-19 Border Control) Regulations 2020 prohibit the operating of any boat in Anguillian waters without permission. For example, it criminalises taking a boat ride from Sandy Ground to Blowing Point without permission. The penalty is imprisonment for 12 months or a fine of up to EC$10,000.00.

Given that the RAPF are telling us that it was a “breach of current Border Regulations by persons who are resident in Anguilla”, it can be safely assumed that permission was not granted. The unstated suggestion in the release is that the matter ends there.

Will these persons be prosecuted?

Or, will all charges be dropped?

I thought this law applied equally to important persons as it does to common Anguillians.

Or, is the law applied one way for friends of the elite, and another way for you and me?

The real scandal is that the Royal Anguilla Police Force does not seem to impartially enforce Anguilla’s laws. This is not the first time it appears to take instructions on who to prosecute and who to let go.

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COVID19 Response: Extension and Amendments to the Public Health (Temporary Closure of Ports) Regulations; Non-extension of Public Health (Temporary Restrictions on Public Gatherings) Regulations; Extension and Amendments to the Emergency Powers (COVID 19) Border Control Regulations.

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