Antigua and Barbuda Prime Minister Gaston Browne has pushed back against a joint statement by Caribbean Heads of Judiciary, insisting that judicial independence does not place court decisions or the administration of justice beyond legitimate public criticism.
Browne’s response, issued Thursday, August 13, follows a statement released a day earlier by the Heads of Judiciary of Barbados, The Bahamas, Belize, Guyana, the Eastern Caribbean Supreme Court, Jamaica and Trinidad and Tobago.
The judicial leaders reaffirmed their commitment to judicial independence and the institutional integrity of the Caribbean Court of Justice (CCJ), while expressing grave concern over the disclosure of what appeared to be confidential internal communications concerning the regional court, following the publication of an explosive report by the Trinidad Express on August 9.
Although the joint statement did not directly name Browne, his response makes clear that he viewed its position as relevant to his recent criticism of sentencing outcomes in Antigua and Barbuda.
Browne said his August 10 remarks were made amid concerns over firearm violence and statutory rape and what he described as unduly lenient sentences in some serious cases.
“Judicial independence is essential to democratic government. However, it does not place judicial decisions or the administration of justice beyond reasoned public criticism.”
The Prime Minister rejected any suggestion that he had attempted to interfere with the courts or direct the outcome of a case.
“My remarks did not direct the outcome of any case, seek to reopen a decided case or invite anyone to disregard an order of the court.”
He also sought to remove what he described as any doubt about his government’s intentions toward individual judges.
“To remove all doubt, there has never been any request or action by my government to remove, or reassign or deport any member of the judiciary.”
Browne said his comments represented what he described as a “last resort warning” to the judicial hierarchy over what he considers the handling of serious firearms offences, for which legislation provides for sentences of up to 15 years’ imprisonment.
He maintained that forceful criticism of sentencing practices should not automatically be characterised as an assault on judicial independence.
“Further, I do not accept that forceful criticism of sentencing practice is, by itself, an attack on judicial independence.”
The Prime Minister argued that his government has a democratic mandate to address violent crime, noting that tackling gun crime, violence against women and sexual offences against children featured in its election manifesto.
He acknowledged that the executive remains bound by law but argued that its mandate carries a responsibility to protect citizens and address public safety concerns.
Browne also challenged the assertion that an appeal is the only lawful avenue for addressing an allegedly lenient sentence.
“An appeal is a proper means of challenging or correcting the sentence in an individual case. However, it is not the only lawful means by which a democratic society may examine systemic failure in the dispensation of justice.”
He pointed to Antigua and Barbuda’s existing legal provision allowing the Director of Public Prosecutions to appeal sentences under the Criminal Procedure (Amendment) Act 2004, while stressing that the decision to appeal remains with the constitutionally independent DPP.
According to Browne, however, an individual appeal cannot resolve broader questions about sentencing patterns, repeat offending, delays, rehabilitation or coordination among police, prosecutors, courts and correctional services.
“Parliament may legislate, the Executive may propose policy and provide resources, and the Judiciary may interpret and apply the law.”
He argued that public criticism and structured engagement between the branches of government are compatible with the separation of powers.
The Prime Minister has now proposed a more formal response to the concerns. On August 12, he wrote to Eastern Caribbean Supreme Court Chief Justice Margaret Price Findlay proposing an independent committee to review sentencing for firearm and other serious violent offences, repeat offending and the wider criminal justice system in Antigua and Barbuda.
The proposed review would examine sentencing data, determine whether there are significant differences between legislative policy and sentencing outcomes, identify possible causes and recommend reforms.
Browne suggested that former CCJ President Justice Adrian Saunders chair the committee, subject to his agreement. He said he had also consulted former Chief Justice Sir Dennis Byron and CARICOM High-Level Representative on Law and Criminal Justice Godfrey Smith SC, who he said were prepared to assist.
Browne framed the initiative as a constitutional and evidence-based response to what he considers an urgent public-safety problem.
“Judicial independence and institutional accountability are not opposing principles.”
He said his government was not seeking control over the courts but wanted a justice system that is lawful, proportionate, transparent, consistent and effective in protecting the public.
The Prime Minister’s intervention adds another dimension to an increasingly consequential regional debate over where judicial independence ends and legitimate public accountability begins.
As Caribbean governments confront rising concerns about violent crime and public confidence in justice systems, Browne is arguing that protecting judicial independence and scrutinising judicial performance need not be mutually exclusive.
He ended with a warning about the consequences of what he considers excessive leniency:
“The people of Antigua and Barbuda are entitled to both an independent judiciary and a justice system that responds proactively and credibly to serious violent crime.”
His position now places the proposed independent review before the regional judicial leadership as a possible mechanism for moving the debate from political confrontation toward evidence-based examination of sentencing and the wider criminal justice system.
