Statement by the Organisation of Eastern Caribbean States Bar Association (the OECS Bar) relating to the recent statement made by the Prime Minister of Antigua and Barbuda, threatening a sitting High Court judge of the Eastern Caribbean Supreme Court sitting in Antigua and Barbuda, with deportation and to declare the judge persona non grata “if he cannot follow the lead of parliament.”
The OECS Bar strongly condemns the Honourable Prime Minister of Antigua and Barbuda Mr Gaston Browne for threatening a sitting High Court judge of the Eastern Caribbean Supreme Court sitting in Antigua and Barbuda, with deportation and to declare the judge as a persona non grata when he 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.”
These remarks by the Prime Minister were made during a National Security meeting on Gun Crime and violence in Antigua and Barbuda, in which he deemed the sentences of the judge as short sentences and described the judge as having a propensity to give criminals a break.
These statements are an affront to the independence and integrity of the Judiciary and are reckless and most unfortunate. The reference to the judge as “Brother man” is likewise demeaning, disrespectful and highly inappropriate. Those words, no matter how they are nuanced, when unpacked, are clear, unequivocal threats to any judge who fails to give what the Prime Minister regards as longer sentences.
The OECS Bar is also in full support of the statement issued by the Antigua and Barbuda Bar Association (the ABBA) in which it expressed its “concern about the Prime Minister’s remarks; it reminds all concerned of the constitutional framework under which we operate and are governed.”
We operate under a system of Government where it is the Constitution that is the Supreme Law, not Parliament; and there is a separation of powers, not sentencing by the Executive.
While we recognise the constitutional positioning of the Legislature, Executive and Judiciary as equal arms of state within a democratic society, the independence of the judiciary and the respect therefore are critical to the proper administration of justice, the doctrine of separation of powers, and the rule of law. Respect for the judiciary is necessary to avoid the undermining of its equal standing with the rest of the arms of the state, and to the very democracy which these arms serve.
We too support the ABBA’ s call for the withdrawal of the threats, and for an undertaking by the Prime Minister not to interfere in the administration of justice by threatening any judicial officer because of decisions made in the lawful exercise of the judge’s lawful authority.
Unfortunately, the Prime Minister in his response to the ABBA has doubled down with language which does not call for a dignified response. It is clear that decorum has gone out of the window.
We nevertheless ask the government for the assurance that they have not departed from good governance and the rule of law, and have moved us into an era of governance by threats and deportations, where to quote Thucydides, the Greek historian: “the strong do can what they can, and the weak suffer what they must.”
There is no doubt that the Prime Minister and his government have a right to disagree with sentences that a judge may pass. We are acutely aware of the stresses of gun crime and violence in our societies. It is a problem that Cari com is experiencing. But studies show that it is a problem with deep-rooted causes which cannot be put at the foot of the judiciary.
When matters reach the court, sentencing guidelines require the court to balance, amongst other things, deterrents with rehabilitation. It is a difficult job for the judge. More often than not we are not aware what are the full facts before the court.
If a government is unhappy with a decision of the judge, it is the right of the government, subject to the decision of the DPP to appeal that decision. It serves no useful purpose to threaten the judge. If the sentence is correct, on appeal it will be upheld. If the sentence is incorrect, the court of appeal will correct it.
It must be noted that even if the Prime Minister’s threat is not carried out, the government may be creating a situation where Antigua and Barbuda becomes an unsafe place of work for judges. The Court may not be able to find judges willing to sit in Antigua under the threat of deportation and the risk of being declared persona non grata. No number of undertakings by the Government to the Court will provide comfort for judges to come and sit there.
The threats against the judge are made in the context that judges are restrained from responding to criticism. To criticise the judge is one thing. To accompany that criticism with threats is unacceptable. Threatening anyone in that situation is an act of cowardice and an abuse of power.
We also note the Prime Minister’s response to the joint statement by the Caribbean Heads of the judiciary. We are saddened and deeply concerned by the fact that nowhere in the response are the threats to the judge withdrawn.
We call upon the Honourable Attorney General as the principal Legal Adviser to the Government, the government’s representative in legal proceedings before the court, and the titular head of the Antigua and Barbuda Bar, to intervene, and on behalf of the government provide the Court, the Antigua and Barbuda Bar, and the public with the relevant, necessary, assurances, and undertaking that will provide confidence that in Antigua and Barbuda the rule of law continues to prevail, and the Constitution is the supreme law of the land.
We also bring to the attention of the Conference of the Heads of Caricom the need to provide, sane, sober, good counsel to its member.
This statement is issued in the context of OECS Bar Association Constitution. Among our obligations, we are mandated to support the independence of the judiciary, and “to express the collective opinion of the Bar in such quarters as it deems fit from time to time to be desirable and to make representations to government.
Delano Bart, KC, President of the OECS Bar
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