The following letter to The Governor was released to the media on Wednesday, February 6th, by chief minister Hubert Hughes.
5th February 2013
Governor Alistair Harrison
Governor’s Office
Your Excellency
Thank you for your letter of 1st February 2013.
I am always intrigued with how the separation of powers principle works within our democratic system such that your request for a bilateral to seek of me what steps I intended taking against Minister Richardson and your instant correspondence both came even before the Minister was called in for questioning by the Police, or indeed charged in this matter.
Your letter has raised two (2) distinct and separate issues and my response will treat them as such. It is disappointing however, that you have confined your letter only to the points which you raised at the bilateral and have reflected none of mine.
1. On the issue of the Charge against the Minister:
In response to your query as to what steps I am to take in relation to Minister Walcott, I am still considering my options, and in this respect as to a way forward I would like to draw on the experience of your office in these matters.
In or about 2009, I recall while being in Opposition that a Minister of the previous administration, Minister Kenneth Harrigan was charged with possession and other related charges with respect to an unlicensed firearm. He pleaded/was found guilty and had a sentence.
I am given to understand that the situation of Mr Harrigan exposed him to a maximum penalty of up to five (5) years imprisonment. I am also informed that Minister Richardson’s situation likewise exposes him to the same maximum penalty. In my view, this demonstrates that the offences of which each Minister was charged falls within the same category of seriousness of offences.
Given the fact that I was in Opposition when Minister Harrigan had charged and eventually sentenced, I therefore seek of you what steps your Office either recommended to the Administration or permitted the Administration to exercise in relation to Minister Harrigan so that I can use that information to assist me in my deliberations. I am also requesting to be afforded any and all written communication from your Office and any of the responses of the former Administration evidencing the position.
Please remit promptly so that I am in a position to determine the course I may wish to adopt.
2. On the issue of your concerns of Minister Richardson’s handling of the Portfolio
On the issue of your concerns of Minister Richardson’s handling of his portfolio and your suggestion that there be an investigation you will recall that I expressed to you at that time (in 2010) that if I were afforded any substantiation of any of the funds you allege that I would then be in a position to consider them. None were forthcoming then or now (3 years later).
I also pointed out to you and I continue to maintain that if you wish to consider investigations then so as not to be accused of being random, ad hoc and haphazard or indeed biased, unfair and discriminatory then the consideration of investigations should be taken in the Order with which they were requested.
I refer you to the substantial dossier which I prepared on assuming office in 2010 addressed to the Foreign Secretary, at that time The Right Honourable David Milliband, and to which you are privy, outlining the need for investigations into several allegations of corruption on Anguilla.
As you and colleagues know I am surprised and disappointed that neither you nor your superiors have chosen to attend to any of these matters despite the fact that the Foreign Affairs Committee of 2008 made reference to issues of corruption in Anguilla that warranted further investigations. I attach hereto for ease of reference some of the several issues brought to your specific attention for action in the public’s interest, none of which, to my knowledge, you acted upon or indeed provided any reasons why you have failed to act.
I would be grateful if your office could outline how it has addressed the substantive issues outlined in my memorandum to the FCO in March 2010; where your office has addressed these I would be grateful to understand the measures undertaken; where issues have not been addressed, I would be grateful if you could furnish my office with the rationale behind that decision.
My suggestions with a way forward Governor? Fair play and Equity are always central to Justice and I trust that that those principles are what we mutually seek.
Yours sincerely
Hubert Hughes
Chief Minister
Copy: The Honourable Mr Mark Simmonds, Minister of the Overseas Territories
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Editor’s note: Governor Harrison declined to release the letter he wrote to the Chief Minister due to the sensitivity of its contents, and in light of the continuing correspondence on an existing matter.
