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Antigua and Barbuda government responds to CJMA statement

4 min read

ST. JOHN’S, Antigua, Aug 18, CMC – The Antigua and Barbuda government has reaffirmed its commitment to an independent judiciary as it defended Prime Minister Gaston Browne from criticisms over his recent statements regarding the sentencing by courts here.

Foreign Affairs, Trade and Immigration Minister,  E.P. Chet Greene in an August 17, 2026 letter addressed to the secretary general of the Commonwealth Magistrates’ and Judges’ Association (CMJA), Dr Karen Brewer, said that the government “remains committed to judicial independence, constitutional government, public safety and constructive  cooperation among  all branches of the State.

“These principles are mutually reinforcing and must all be protected,” Greene said in his letter that was also copied to the CMJA president Justice Lynne C. Leitch and the Chief Justice of the Eastern Caribbean Supreme Court, Justice Margaret Price Findlay.

The CMJA said it is “extremely concerned” about Prime Minister Browne’s recent remarks attacking members of the judiciary, particularly judicial officers considered too lenient in sentencing, and his threat to remove them from office, “tantamount to deportation”.

It said also that it fully endorses the joint statement issued by the Caribbean Heads of Judiciary on August 12, warning that democracy would be “gravely undermined” if court judgments are not respected.

The CMJA said the remarks by Prime Minister Browne are “particularly unfortunate and are unproductive,” especially with Antigua and Barbuda is set to host the Commonwealth Heads of Government Meeting (CHOGM) later this year, when the country “should be setting an example in protecting and promoting the rule of law and the separation of powers.”

It said that any move by the government that appears to erode the judiciary’s authority, independence or integrity “is a matter of grave concern”  and called on Prime Minister Browne and the government to “respect the authority of the judiciary and ensure that due process is followed in line with the constitution and its international obligations.”

But in his letter, Greene said the Antigua and Barbuda government recognizes the Association’s legitimate role in protecting judicial independence throughout the Commonwealth and remains fully committed to the separation of powers, security of tenure for judicial officers, the Commonwealth Charter and the Latimer House Principles.

The letter responds to a statement issued by the CMJA on August 14 concerning Prime Minister Browne’s comments about the Judiciary. The Caribbean Heads of Judiciary also issued a joint statement expressing concern that the remarks threatened judicial independence and the separation of powers.

But in his letter, Greene said the CMJA statement did not appear to take account of subsequent developments, including the Prime Minister’s public clarification, his formal correspondence with the Chief Justice of the Eastern Caribbean Supreme Court, and his response to the Caribbean Heads of Judiciary.

“The Prime Minister has a constitutional and political duty to respond to legitimate public concern about crime, public safety and the effectiveness of the criminal justice system. Judicial independence protects judges from political direction, intimidation or retaliation. It does not  place judicial decisions, sentencing practices or the administration of justice beyond  reasoned public criticism or institutional review.

“The Prime Minister’s 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. No judicial decision or court order has been defied by the Government,”  Green wrote in the three page letter.

Green said that because the language used  gave rise to concern about possible executive action against a judicial officer, Prime Minister Browne “moved promptly to remove any doubt” to reassure the public that “no judge will be removed, reassigned, deported otherwise dealt with by executive fiat”.

He quoted Prime Minister Browne as saying that questions concerning the tenure, assignment or conduct of a judicial officer are governed by the Constitution and the law.

“That is the official and unambiguous position of  the Government of Antigua and Barbuda. No measure has been taken and no   executive measure is contemplated to remove, reassign, deport or discipline any judicial officer outside the procedures prescribed by law,”  Greene wrote.

The government said that Browne’s original remarks were made during an August 10th meeting of the National Security Council against the backdrop of public concern over firearm violence, serious crime and sentencing outcomes considered by the majority of citizens to be unduly lenient.

The government through Parliament strengthened penalties for specified firearm offences in 2024, including providing for a maximum sentence of 15 years following conviction on indictment for unlawful possession of a firearm.

The government said the clarification therefore did not amount to abandoning its concerns about sentencing outcomes. Instead, it established the constitutional boundaries within which those concerns would be pursued.

Greene has asked the CMJA to make the Government’s letter available alongside the Association’s August 14, 2026 statement so that its membership and the wider Commonwealth public can have access to what the Government considers the complete record of events.

“Having regard to the CMJA’s judicial education mandate, the Government would also welcome an indication as to whether the Association could make  available, or  assist in mobilising, appropriate technical assistance for the Eastern Caribbean Supreme Court.

“Such  assistance would address any institutional or professional-development needs identified by the proposed independent review, including sentencing practice, the application of sentencing guidelines, case management, criminal  justice data and judicial education,”  Green wrote.

CMC/fh/ir/2026