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  • 2 days ago
Antigua and Barbuda Prime Minister Gaston Browne is pushing back against criticism from the Caribbean Heads of Judiciary over comments he made about sentencing in serious criminal cases. Browne says his remarks were not an attack on judicial independence, but a warning about what he describes as serious and recurring concerns over sentencing outcomes and public safety. He is now proposing an independent review of sentencing for firearm and other violent offences. Urvashi Tiwari Roopnarine reports.
Transcript
00:00Antigua and Barbuda Prime Minister Gaston Brown says he respects the constitutional role of the judiciary
00:06but is standing by his criticism of sentencing outcomes in Antigua and Barbuda.
00:11He says his comments came amid concern over firearm violence and statutory rape,
00:16including sentences he believes have not adequately reflected the seriousness of those offenses.
00:22Brown wrote to Facebook saying, quote,
00:24judicial independence is essential to democratic government. However, it does not place judicial decisions or the administration of justice beyond
00:32reasoned public criticism, end quote.
00:35He rejects any suggestion that he was attempting to interfere with a particular case or influence a judge's decision, saying,
00:42quote,
00:42my remarks did not direct the outcome of any case, seek to reopen a decided case or invite anyone to
00:49disregard an order of the court, end quote.
00:51But Brown says his warning was directed at the judicial hierarchy over the application of laws governing serious firearm offenses.
01:00He said, quote,
01:01It was a last resort warning to bring attention to the judicial hierarchy that if they fail to address the
01:07indiscretion and deliberate disregard of their members for the legislation on serious firearm crimes,
01:13which provides for up to 15 years custodial sentencing, then our government may be forced to use other remedies to
01:20protect the citizenry, end quote.
01:23Brown also makes clear that his government has not sought to interfere with the tenure or assignment of judges.
01:28He maintains that criticism of sentencing and judicial independence can coexist, saying, quote,
01:34further, I do not accept that forceful criticism of sentencing practice is by itself an attack on judicial independence, end
01:42quote.
01:42He also challenges the view that an appeal is the only mechanism available when concerns arise over sentencing.
01:49While acknowledging the role of the director of public prosecutions in challenging individual sentencing,
01:55Brown says wider questions require broader examination.
01:59The PM said, quote,
02:00However, it is not the only lawful means by which a democratic society may examine systemic failure in the dispensation
02:08of justice, end quote.
02:09And he is proposing just such an examination.
02:13He says he has written to the chief justice of the Eastern Caribbean Supreme Court proposing an independent committee to
02:19review sentencing for firearm and other serious violent offenses, repeat offending, and the wider criminal justice system.
02:27He has suggested former CCJ President Justice Adrian Saunders as chairman, with former CCJ President Sir Dennis Byron and Justice
02:36Godfrey Smith also consulted.
02:38Brown said, quote,
02:39This is a firm constitutional and evidence-led response to a matter of urgent public importance.
02:46The proposed review would examine sentencing data, assess whether outcomes align with legislative policy, and recommend reforms.
02:54Brown says the issue is particularly urgent given the regional impact of violent crime.
02:59He said, quote,
02:59Judicial independence and institutional accountability are not opposing principles, end quote.
03:05He is advising the heads of judiciary to support the proposed review, insisting his government wants no control over the
03:12courts, but does want a criminal justice system that protects the public.
03:16Ravashita Wari, Rupanarang, TV6 News.
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