WAR OF WORDS BETWEEN ANTIGUA AND BARBUDA’S LEADER AND THE JUDICIARY

A vitriolic public row has erupted between the Prime Minister of Antigua and Barbuda, Gaston Browne, the Antigua and Barbuda Bar Association (ABBA), and the Caribbean Heads of Judiciary.

The disagreement stems from a spate of serious crimes in the country, the most recent high-profile incident being the shooting of one of the country’s top investors.

As reported by the state-owned Antigua and Barbuda Television Service(ABS), “The owner of the YIDA Special Economic Zone on the Crabbs Peninsula, Yida Zhang, is now being treated in hospital after being shot and injured Sunday afternoon. The incident happened on the compound of the Special Economic Zone shortly after 4pm. An assailant reportedly entered the property and shot Zhang in the chest.”

According to the news report, the motive for the attack is not clear, nor has it been ascertained how the armed assailant gained access to the tightly-secured compound.

ABS said that “the incident is the latest in a series of shootings in recent weeks” and was the subject of a national security meeting.

FIRST SALVOS

Speaking on his weekly Browne and Browne Show on the privately owned Pointe Broadcasting station, Mr Browne had chastised the judiciary, saying it was failing to impose sentences for serious crimes under the relevant local laws. In September 2024 Antigua and Barbuda increased the maximum prison sentence for serious gun-related crimes to 15 years.

“We are not dictating to them. We are not telling them how to administer the fine or the confinement in a particular case. What we are saying is when it comes to gun crimes, these individuals should not be offered any leniency.”

In a separate national security press conference, The Prime Minister affirmed that it was not a question of interfering with the judiciary. “No, we are trying to protect our country,” he stated emphatically, adding. “So this particular judge who has a propensity to give criminals a break, Brother Man, if you can’t follow the lead of the Parliament to give longer sentences, leave our country voluntarily or we’ll deport you, make you persona non grata. You know who you are. This is the Prime Minister of the country saying this.”

The judge in question was not named. Antigua and Barbuda is a member of the Eastern Caribbean Supreme Court(ECSC).

REACTIONS

The Antigua and Barbuda Bar Association (ABBA) responded to Mr Browne’s ultimatum, calling it “an attempt to coerce the judiciary by executive action.”

It said: “Such a threat strikes at the very foundation of judicial independence. A judge who faces the prospect of expulsion from the jurisdiction for delivering judgments within its discretion, that displeases the executive cannot be said to be independent. The rule of law requires that judges be free to decide cases according to law, without fear of personal consequences imposed by the executive.”

Meanwhile, in a joint declaration, the Caribbean Heads of Judiciary condemned what they described as “deeply unsettling” remarks by the Antigua and Barbuda leader.

“Not only are such statements regrettable, but they are a threat to the very independence of the judiciary,...They have the potential to erode and weaken the efficacy of the doctrine of separation of powers, which is the very bedrock upon which democratic governance rests.”

BROWNE DOUBLES DOWN

In initial reactions to both the ABBA and the Heads of Judiciary on his Facebook social media page, Mr Browne wrote: “Caribbean Heads of Judiciary, I will respond tomorrow to your statement. I hope it will awaken you from your slumber and that there will be more efficacious management of the judiciary, to ensure a better dispensation of justice in the Caribbean.”

And in remarks directed at the Antigua and Barbuda Bar Association(ABBA), his initial response was even harsher. “Defunct ABBA -Here is my response to your request for an apology: Piss off.”

Prime Minister Browne, who has adopted the sobriquet of Gassy Dread for his AI-assisted musical pursuits, also posed: “Gassy Dread contemptuously dismissed the defunct Antigua & Barbuda Bar Association, declining to engage in their partisan political sideshow. My focus is on securing the safety of our people from criminal elements.”

In a subsequent formal statement on the issue, Prime Minister Browne wrote: “I respect the constitutional office held by each signatory, and I reaffirm, without qualification, the importance of an independent and impartial judiciary. Judicial independence is essential to democratic government. However, it does not place judicial decisions or the administration of justice beyond reasoned public criticism. Nor does it require an elected Government to remain silent when sentencing outcomes raise serious and recurring questions about public safety, legislative policy and public confidence.”

Mr Browne also said his remarks of 10th August were made “in the context of grave concern, expressed by law enforcement and the people of Antigua and Barbuda in general, about firearm violence and statutory rape, in what they regard as unduly lenient sentences in some serious cases.”

And he concluded: “As Prime Minister, I have a solemn duty to safeguard the welfare of the people of Antigua and Barbuda. 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.”

On Friday, August 14th, Prime Minister Browne posted on Facebook: “Judicial independence does not require the state to remain passive, while serious failure in the criminal justice system endanger society.”