Letter To The Editor - APPOINTMENT OF KEITHLY BENJAMIN

The Editor,
The Anguillian.

Dear Mr. Editor,

APPOINTMENT OF KEITHLY BENJAMIN
AS JUNIOR MAGISTRATE

I read with great interest a press release from the Anguilla Bar Association and letter to the Governor vehemently opposing the appointment of Mr. Keithly Benjamin as a Junior Magistrate in the Anguilla court system. Maybe if Keithly had gone out and joined one of the lucrative law firms on the island, or started his own private practice and make some sensible money, none of the members of the Bar Association would be concerned. Obviously, the reason for this strong opposition to Keithly’s appointment has nothing to do with his qualifications but rather with the perception that a cop becoming a Magistrate might not be favourable to the criminal defense lawyer profession. I emphasise this particular part of the legal profession because I believe that it is the only sphere of court activity in which the police and the legal profession come into contention.
The argument I hear is that being a “former” cop, the Magistrate would likely be biased towards the police department in cases being prosecuted by the police. But that is not a new perception in Anguilla and probably in most of the Leeward Islands. Many years ago, when I was growing up in Anguilla, it used to be said that “if you go to court against the police you will lose.” But those were the days when most people going to court represented themselves, either because there were few lawyers or because they could not afford a lawyer. This is not the case today. Most people nowadays have so much money that they are anxious to spend it on legal fees, and there are countless lawyers ready and willing to take that money. So the legal profession does not have anything to worry about, but they want you to think that they do.

What was most disturbing to me, though, was the fact that I did not recognize even one of the names of the members of the Bar Association who signed the letter so I suspect that they are all non-Anguillian. I wonder if the Anguillian members of the Bar Association are of the same opinion. I see a concerted effort among many sectors of the economy to try to systematically deprive Anguillians of opportunities which should be reserved for Anguillians. Is there any greater disservice being done to the Anguillian public by having a member of a private law firm serve as Magistrate than by having an ex-cop serve as Junior Magistrate? My answer is no.

What we must all understand is that the courts are governed by rules and codes of conduct. I am sure that Keithly is fully aware of the consequences of not abiding by the rules. He has demonstrated that he can do so from a law-enforcement standpoint, and I see no reason why there should be any fear about his doing the same from an adjudication standpoint.

Finally, I would like to mention the fact that we are entering an era in which the country is being run from the radio station and I would hope that the same level of public support that has been given to “causes” of recent times will be given to the appointment of Mr. Keithly Benjamin. Let us see real Anguillian “culture” at work.

Thank you for the space.

Name Withheld at Writer’s Request