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EDITORIAL - NO ONE IS ABOVE THE LAW


The appearance in the Magistrate’s Court this week of the Minister of Infrastructure, and his punishment by the imposition of fines amounting to EC$154,000 for having two unlicensed firearms in his possession, although regrettable, struck a good chord in Anguilla. Not only is it proof that everyone of us is fallible irrespective of our station in life, but more importantly it demonstrated that no one is above the law by reason of the position that person occupies. It also showed that justice is alive in our small democracy and has sent a sharp message to other small island states and bigger territories alike that the rule of law is preeminent and each of us is equal before the law.

Mr. Harrigan’s swift statement of apology, issued following the court ruling, was not only an act of humility and a demonstration of that fine quality he possesses, but was an act of statesmanship which is lacking among some leaders in other countries. Supported in court by a number of his colleagues in the House of Assembly, as well as by members of his family, Mr. Harrigan remained calm and resigned to his fate as the suspense mounted in the approach to his sentencing. Even when the stern Magistrate told him that she was not going to impose a custodial sentence on him, but asked whether he had brought his toothbrush just in case she would have done so, Mr. Harrigan, the Minister of Government, replied “No Ma’am.” Her remark was not considered an affront to him.
What lessons are there to be learnt from this serious brush with the law? The overarching fact is that all of us are accountable for our actions and negligence and that, as stated above, no one is above the law.
When Mr. Harrigan forcefully argued in the House of Assembly in support of the recent amendment to the Firearms Act, increasing the fine from EC$50,000 to EC$200,000, and the prison sentence from 3 to 5 years, he never knew he would fall victim to the same legislation (although the court can exercise its discretion and with a discount as was done in this case), but that is one of the facts of life.
It behooves all of us to be careful in our dealings as far as breaking the laws of the island are concerned. The message of this case to everyone in Anguilla, particularly young people, is clear. If a Minister, who has a part to play in the crafting and approval of our laws can be hurled before the court and to be held accountable for offences under the same legislation, without exclusion, it certainly tells something to all and sundry.
History may record this matter which is now behind us, but the rule of law will continue to guide and shape our society. All we are required to do is to follow its tenets.




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