Governor Alistair Harrison's Letter To Chairman of The Bar Association, Attorney Yvette Wallace

In response to a published letter, Mr. Alistair Harrison, Governor of Anguilla,  sent a letter addressed to Ms Yvette Wallace, Chairman of the Anguilla Bar Association which was copied to the press and is published below.

"Firstly, congratulations on your election as Chair of the Anguilla Bar Association and best wishes for your term of office.

I have no objection to your publishing your letter of 18 March to me from the Bar Association (which arrived when I was in London with the Chief Minister), although it would have been courteous of you to have told me you were doing so. 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. For example, whilst you and I are well aware that Keithly Benjamin's appointment was not made in isolation, there is some danger that a reader who looked at your 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 distinguished 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. 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 during his time as Commissioner. He will recuse himself from such cases, and the Senior Magistrate will ensure that this happens.
 
Let me begin at the end of your letter by wholeheartedly agreeing 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. In particular, 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. 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. They have no hesitation in  rejecting all of them and asking for a fresh competition if necessary. Their recommendations come to me. Whilst the final decision is mine, I would hesitate before rejecting their advice, especially when (as in these 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.

I should also say that I have had no adverse public reaction to the appointment, indeed the contrary (see for example Richard Hobson's letter opposite yours in the Anguillian). Nor, of course, do the views in your 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 even heard that some of your members are motivated by personal animus toward Mr Benjamin, although I am sure that could not be true.
 
In any event, I remain 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. I believe that some sixteen years ago the Bar Association had some doubts about an appointment to the magistracy, and that two years later, 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."