The appointment of retiring Anguillian Commissioner of Police, Keithly Benjamin, as Junior Magistrate, has attracted much attention in particular from the Bar Association which is questioning his experience in legal practice, matters of independence and impartiality, and has undertaken to express its concerns in radio talk shows and other forums. One has to be careful not to bring the Magistracy into public ridicule and contempt in that process.

The Anguillian, as a free press, publishing the views of everybody and, of course, having its own views on matters, must point out that the voices of a number of members of our citizenry do not seem to understand what the big fuss is all about, even if the normal requirement, which perhaps is merely basic, was for a person to have five years experience in a law office in order to be a Magistrate. We live in a world of constant evolution on many frontiers and matters of human involvement and activity and, as we are all aware, there are also changes in matters of jurisprudence and judicial appointments in our region, all based on a premise of the common good and faith in those who administer justice and the rule of law.

Anguilla for many years has had a Lay Magistrate in Office, like many other countries today, including the United Kingdom, and that person, with no formal training in law and certainly no legal practice, has done exceptionally well following the letter of the law. There have been occasions when that person was able to outshine and even show up some of the most experienced lawyers appearing before her. While it was desirable to have a more qualified person sitting on the bench, no one objected to her service. Another matter is that it is for the lawyers appearing before a Magistrate to convincingly put forward the cases of their clients. The Magistrate purely acts on his interpretation and opinion of the law.

It is difficult not to see Mr. Benjamin as being a suitable candidate for Junior Magistrate. There is a need to consider the impressive weight he carries behind his appointment. It includes 31 years service as a Police Officer, steeped in handling a multiplicity of criminal and civil activities, his many years as a Court Prosecutor and a person who has crowned his law enforcement career by becoming a trained lawyer with an Honours Degree and Legal Education Certificate. Certainly, these are bound to have been factors which the high profile Judicial Services Commission, and the three senior lawyers, took into account when they recommended his appointment to the Governor who, in turn, has day-to-day contact with his bosses at the Foreign and Commonwealth Office, the proponents of good governance and justice in the Overseas Territories. It may also be necessary to point out who the members of the Judicial Services Commission are. For the information of the public they are the Chief Justice, the Resident Judge and the Chairman of the Anguilla Public Service Commission. This speaks volumes.

Though unrelated to his professional qualifications, one cannot also overlook the fact that Mr. Benjamin is an Anguillian by birth, entitled to any appointment he desires to pursue and to contribute to his homeland. The fact that he will be serving under a Senior Magistrate, who will guide him in all areas of his responsibility and administration of justice, also lends credence to his appointment. He is sufficiently wise and prudent to know that he must withdraw from any matter in which the police have been involved during his tenure as Commissioner of Police and be impartial at all times. The Anguillian has its own independent opinion about Mr. Keithly Benjamin’s appointment and faith in him as Junior Magistrate and is casting its lot for him.

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