ST. JOHN’S, Antigua, Aug 23, CMC – Prime Minister Gaston Browne Friday, dismissed a statement by the Antigua and Barbuda Bar Association (ABBA)over what it termed as “a troubling trend of members of the Executive attacking judicial officers and the courts”.
In its statement Friday, the ABBA said that it is “a trend which ought not to continue as it brings the administration of justice into disrepute and threatens the entire system of government”.
The ABBA said it had taken note of Prime Minister Browne’s recent social media post in which he criticised judges and magistrates of the Eastern Caribbean Supreme Court for their approach to granting bail and sentencing in gun-related cases.
“The courts are bulwarks of our Constitution and laws, and public officials must be careful not to undermine public trust in the judiciary,” the ABBA said, adding ”fear of personal attacks, public backlash, and potential enforcement failures of decisions/judgments are consequences of public distrust and should not occur as public officials have a responsibility to promote respect for the courts and judicial decisions.
“The principle of separation of powers i.e the separation of the Legislative (who makes the law), Executive (who enforces the law) and Judicial (who interprets the law and applies it to individual cases before the courts) branches of government must always be observed as it aims to prevent abuses of power and autocracy,” the lawyers said.
But in his immediate response, Prime Minister Browne said the judiciary “is not beyond reproach” and that the country is facing one of its most significant national security challenges.
Browne said that instead of joining the fight by encouraging stricter sentences and the ending of routine bail for gun crimes” these weak knee apologetics are seeking to score skewed intellectual points at the expense of the safety and security of our people.
“The ugly truth offends, but I will always stand on the truth in defence of our nation and its people. A responsibility from which I shall not shrink, irrespective of the consequences. I took a parliamentary oath to speak without fear or favour,” Browne added.
He said that his position should not be regarded as “autocratic leadership” but “fearless leadership playing my part in soliciting the full support and commitment of all stakeholders against crime and violence.
“Sentencing guidelines must be realigned to deal with crime and violence which is now a public health epidemic,” Browne added.
In its statement, the ABBA said it is cautioning members of the public and public officials “to understand and respect the role of our courts and to refrain from making uninformed, improper and unthoughtful criticisms of our judges, magistrates and the judicial system.
“To continue to do so will only lead to a distrust in the judicial system, a distortion of the balance between the three branches of government and ultimately a failing of the rule of law,” ABBA said.
Earlier this week, in a national broadcast, Prime Minister Browne re-stated his position regarding the judiciary adding “let me be crystal clear: neither I nor my government have ever interfered with the independence of the judiciary”.
He said at the next sitting of parliament enact increased penalties and tighten the conditions of bail to keep these criminal elements off of the streets.
“However, the the judiciary in the sub-region should consider realigning the sentencing guidelines and conditions of bail for gun crimes, in keeping with the current realities of crime and violence, which is now a public health epidemic in the Caribbean.”
Browne said he has since instructed the Attorney General, Steadroy Benjamin, to engage with the Acting Chief Justice, Mario Michel “to discuss this pressing issue.
“ Our goal is to work closely with the judiciary to increase mandatory sentencing for gun crimes and ensure that justice is served swiftly and effectively,” he said, adding that “this issue is not unique to Antigua and Barbuda.
CMC/af/ir/2024