Pressure Mounts – Observer News Desk
Pressure Mounts Withdraw Judge
Pressure is mounting on Prime Minister Gaston Browne to withdraw remarks concerning an unnamed judge, with the Commonwealth Lawyers Association (CLA) calling for a public reaffirmation of judicial independence.
The CLA, in a statement issued Tuesday, said the Prime Minister’s remarks during an August 10 National Security meeting amounted to a serious threat to judicial independence and could damage public confidence in the administration of justice.
Browne had criticised what he considered lenient sentences for gun-related offences and referred to a “particular judge who has a propensity to give criminals a break”.
He then told the judge to follow Parliament’s lead on longer sentences or leave the country, warning that the judge could be deported and declared persona non grata.
The CLA said the threat of deportation went beyond legitimate criticism of judicial decisions.
“The threat of deportation goes far beyond reasoned public criticism and can cause palpable damage to public confidence in the judiciary,” the organisation said.
It is calling on Browne and the government to ensure that no executive or immigration power is used to influence, intimidate, punish or remove a judicial officer because of decisions made in the lawful exercise of judicial office.
The CLA also wants concerns about sentencing policy, public safety and criminal justice reform to be addressed through constitutional, institutional and appellate processes.
It said criticism of judges can take place in an open society but must not undermine judicial independence or public confidence in the courts.
“An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice,” the CLA said, citing the Commonwealth’s Latimer House Principles, a set of guidelines that promote good governance and the rule of law in Commonwealth countries.
The association supports Browne’s proposal for an independent review of firearm sentencing, repeat offending and wider criminal justice coordination, describing it as an appropriate and constructive step.
It nevertheless strongly urged the Prime Minister to withdraw his recent remarks and allow any proposed independent commission to operate independently.
The government has also maintained that no judicial officer has been removed, reassigned or deported and that any action concerning judicial officers would be taken in accordance with the Constitution and the law.
The Commonwealth Magistrates’ and Judges’ Association, the Caribbean Heads of Judiciary, the Antigua and Barbuda Bar Association and the OECS Bar Association have previously expressed concern over Browne’s remarks, citing threats to judicial independence and the separation of powers.
The issue comes as Antigua and Barbuda prepares to host the Commonwealth Heads of Government Meeting later this year.
