Attorney General Dwight Horsford.
ANGUILLA–Attorney General Dwight Horsford spoke to members of the press in regard to the Scot Hapgood case of the manslaughter of Kenny Mitchell in April this year. He said Magistrate Keithley Benjamin had discontinued the case after Hapgood did not appear in court on November 11 for a continuation of the preliminary hearing.
But Horsford said his team led by Terrence Williams has made a submission to the High Court for a judicial review, saying that Hapgood’s absence does not prevent the preliminary enquiry from continuing.
Horsford said that when a defendant absconds he waives his right to be present and have evidence taken in his presence. He noted that the magistrate must determine if Hapgood wilfully withdrew himself from the jurisdiction of the court and also whether the court jurisdiction should continue. He said his team has filed an order of “mandamus” which is a command to a lower tribunal, such as the Magistrate’s Court, to comply.
The attorney general said the magistrate not only has the power to continue proceedings in Hapgood’s absence, but he has a duty to do so.
Horsford said, “Substantial evidence has been given which we believe establishes a sufficient case for him to have a trial on the charge against him.” He said there is an extradition order between the USA and the UK (including its Overseas Territories) and that is being pursued.
Source: The Daily Herald https://www.thedailyherald.sx/islands/92838-attorney-general-says-enough-evidence-for-scot-hapgood-trial
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