"I APOLOGISE," SAYS MINISTER Fined For Unlicensed Firearms

On Tuesday, August 12, 2008, the Honourable Kenneth Harrigan, Minister of Infrastructure, Communications, Utilities, Housing, Agriculture and Fisheries, in the Government of Anguilla, pleaded guilty to two Summary Charges of being in possession of unlicensed firearms. The weapons were described in the Magistrate’s Court as being a Titan Tiger special .38 Revolver and a Remington Shotgun. Mr. Harrigan, who had been licensed previously to hold the firearms, had failed to renew the licences for a number of years.

In an eloquent Plea in Mitigation, Mr. Harrigan’s Lawyer, Mr. Thomas Astaphan, urged the Court, among other things, to accept the explanation of his client, a servant of the people, that over the years he, having been so engrossed in his work for the people of Anguilla, neglected his own affairs, resulting in the unfortunate predicament which brought him before the Court.
The Magistrate, Mrs. M. E. Bernie Stephenson-Brooks, took into account Mr. Harrigan’s facts in mitigation including that he did not waste the Court’s time, his clear record, his age of 67 and other details, but nevertheless stressed that the offences were of a very serious nature. She also took into consideration the firearms legislation in Anguilla and recent case law emanating from other jurisdictions as well as the Privy Council.
Mr. Harrigan was fined EC$77,000 on each charge, to be paid within 160 days on one charge and 240 days on the other charge. In default he would have to serve 160 days on the first charge and 240 days on the second.
Given Mr. Harrigan’s exemplary service to his country and his having absolutely no prior interaction with the criminal courts, no convictions were recorded against him on either charge.
The Commissioner of Police was represented by Senior Crown Counsel Mrs. Tecla Henry-Benjamin, assisted by Miss Erica Edwards and Mr. Harrigan was represented by Anguilla’s foremost Advocate, Mr. Thomas Astaphan, assisted by Mr. Colin Meade.
Statement By Mr. Harrigan
Some hours after the Court’s ruling, Mr. Harrigan issued a statement of apology to the Royal Anguilla Police Force for having the unlicensed firearms in his possession and spoke about other personal matters relating to the issue. The full text of his statement is as follows:
“Fellow Anguillians, the last two weeks have been among the most uncomfortable days in my life. The events which gave rise to this sad situation will always remain a scar on my otherwise unblemished twenty years of public service to my people and my country.
“I am very grateful for the support of well-wishers who have stood by me through this ordeal but there can be no excuse for my negligence in allowing this situation to occur. The fact that I did not fulfill my responsibility as a citizen granted permission by the Royal Anguilla Police Force to own and operate a firearm is certainly not a good example for a person in my position.
“As an elected representative of the people of Anguilla and a Minister of Government, I have always put my people first often to the neglect of my own affairs. I strongly apologize to the Royal Anguilla Police Force in which I served as a special constable for many, many years assisting the police and involved in community efforts, for overlooking this very important responsibility. The Police Force is charged with upholding law and order and they must do so without fear or favour.
“As a member of the House of Assembly I made a very strong presentation on the issue of unlicensed firearms in response to the increase of anti-social behaviour among young people and the rise in gang violence which is affecting the peace and stability of our island. I will not flinch in my continued efforts to pursue our common goal of peace and tranquility in this blessed island, Anguilla.
“I went before the Courts today (Tuesday, August 12) and was subject like everyone else to our laws and our system of justice for which I am grateful. I have been fined by the courts for my negligence and I accept the court’s decision.
“I will not allow this recent trauma, which I have undergone, to affect my devotion and dedication to the service of my country. Again I apologize for my negligence in this matter. May God bless you all!”

The Honorable Kenneth Harrigan