Browne rejects bar association criticism over judge remarks

ST JOHN’S (CMC):

Prime Minister Gaston Browne has dismissed calls from the Antigua and Barbuda Bar Association (ABBA) to retract comments in which he threatened action against a sitting judge over what he described as lenient sentencing.

The ABBA yesterday urged Browne to “withdraw the threat” and publicly affirm that immigration or other executive powers would not be used “to influence, intimidate, punish or remove a judicial officer because of decisions made in the lawful exercise of judicial office”.

In a three-page statement, the association expressed “deep concern” over comments Browne made at a National Security meeting on Monday, where he criticised what he said were short prison sentences being handed down despite legislation intended to impose tougher penalties for gun-related crimes.

Addressing an unidentified judge, Browne said: “Brother man, if you cannot follow the lead of parliament to give longer sentences, leave our country voluntarily otherwise we are going to deport you and make you persona non grata. You know who you are. This is the prime minister of the country saying this.”

While Browne later said he had no intention of interfering with the judiciary, the ABBA argued that the threat of deportation was incompatible with that assurance.

The prime minister responded swiftly on Facebook, describing the association as “defunct” and rejecting its demand for an apology.

The ABBA said Browne’s comments amounted to “a grave threat to the independence of the judiciary” and were inconsistent with the constitutional separation of powers and the rule of law.

SEPARATION OF POWERS

While Parliament has authority to enact laws for the “peace, order and good government of Antigua and Barbuda”, the association said neither the legislature nor the executive could act outside the constitutional framework.

It argued that the separation of powers, a cornerstone of Westminster-style democracies, requires sentencing decisions to remain exclusively within the judiciary’s remit.

Citing established legal principles, the association said Parliament could not transfer to the executive authority to determine the severity of criminal punishment and that judges must remain free to sentence offenders according to the law, sentencing guidelines and the evidence before the courts.

According to the ABBA, Browne’s call for a judge to “follow the lead of Parliament” on sentencing represented precisely the type of executive interference the doctrine of separation of powers is designed to prevent.

The association said the prime minister’s threat to deport a judge for exercising judicial discretion amounted to an attempt to coerce the judiciary.

It further argued that Browne’s comments were aimed at influencing judicial decision-making and undermined constitutional safeguards designed to protect the courts from political pressure.

The ABBA warned that threats against judges have implications beyond any individual jurist, arguing that they risk eroding confidence in the wider legal system.

The association maintained that while Parliament may set sentencing ranges through legislation, neither lawmakers nor the executive can direct courts to impose particular sentences in individual cases or threaten judges who decline to do so.

“This is unacceptable in a fair and democratic society,” the ABBA said.