Anguilla's British Governor Alistair Harrison.
On the same day Anguilla’s British Governor Alistair Harrison swore in and formally welcomed the island’s new senior magistrate Dominican Ivenia Benjamin to the island, the Queen’s representative also responded to a letter from the Anguilla Bar Association calling on him to revoke the recent appointment of junior magistrate and outgoing Commissioner of Police Keithly Benjamin, an Anguillian national.
Harrison, in a letter dated April 7th, 2010 and addressed to the Chairman of the Anguilla Bar Association Yvette Wallace, said while he has no objection to the Bar Association’s letter of March 18th, 2010 being published, it would have been courteous if he was told that was going to be the case.
The Governor indicated that the letter arrived while he was in London with Chief Minister Hubert Hughes.
“Had you done so, I would have suggested that you might have added some additional information to set the letter in a fair context for members of the public that read it,” Harrison said.
He reiterated that both himself and the Bar Association are aware that Keithly Benjamin’s appointment was not made in isolation and that there is some danger that a reader of the Bar Association’s letter without being aware of the context would think that it had been.
” In fact, as you know, I announced the appointment of Ivenia Benjamin, a distiguished lawyer and magistrate from Dominica as senior magistrate, at the same time as Keithly Benjamin’s appointment as magistrate, and for the good reason that I wanted to allay the concerns that are expressed in your letter,” Harrison wrote in his letter.
He added “If I may say so, the two appointments represent an excellent balance – a former private practitioner and a legally qualified former police officer, an Anguillian and a non-belonger, and for that matter a perfect gender balance. More important, the double announcement made clear that arrangements could easily be made to ensure that Keithly Benjamin did not hear any cases that involved the RAPF (Royal Anguilla Police Force) during his time as Commissioner. He will recuse himself from such cases, and the senior magistrate will ensure that this happens.”
The Governor said that he wholeheartedly agreed with the Bar Association on the importance of the independence of the judiciary, and of the public perceiving this to be true.
” I would, however, question whether the Bar Association represents the best method to ensure the independence of the judiciary. The Bar of course is one side of the law; the RAPF are another. I did not consult either before making these appointments, but rather followed -meticulously – the established procedures for judicial appointments,” Governor Harrison said.
The senior British diplomat said all the applications with their supporting paperwork, were referred to the Judicial Service Commission. ” There is an unfortunate – I am sure unintentional – slur on the JSC in your penultimate paragraph which on reflection I am confident you will wish to clarify.
Harrison said the JSC, consisting of the Chief justice, the resident judge and the Chairman of the Public Service Commission, do a thorough and impartial examination of the applications. He added that they have no hesitation in rejecting “all of them and asking for a fresh competition if necessary. Their recommendations come to me.”
The Governor said that while the final decision is his, he would hesitate before rejecting their advice, especially when ( as in the two cases) it is unanimous. ” In this case I had absolutely no hesitation in accepting it and appointing Ms Benjamin and Mr Benjamin to the two vacant offices.
Harrison said that he has not had any adverse public reaction to the appointment nor do the views in the Bar Association’s letter represent the unanimous view of the Bar Association. ” I am surprised that you say that you are not impressed by the views of three of your most senior and distinguished members; and I know from the robust and enjoyable exchanges I have had with your committee that there is far from unanimity there either. I have heard that some of your members are motivated by personal animus toward Mr Benjamin, although I am sure that could not be true,” Governor Harrison said.
He said that in any event, he remains absolutely confident of both new magistrates’ abilities and suitability for the jobs “I have appointed them to, and of their contribution to the good governance of Anguilla.”
Harrison said that he believes some sixteen (16) years ago the Bar Association had some doubts about an appointment to the magistracy, and that two years larer, after seeing him perform his duties, the Association wrote commending him for the exemplary way in which he had carried them out.
” I am sure that in a couple of years -perhaps as I depart from my post – the Bar Association will likewise be commending the excellent work of Keithly Benjamin,” the Governor concluded.
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