PM floats removal of judges over lenient sentences

ST JOHN’S (CMC):

Prime Minister Gaston Browne is seeking public advice on whether underperforming members of the judiciary should be removed from Antigua and Barbuda over concerns about sentencing in criminal cases.

In a statement posted on Facebook, Browne noted that parliament had increased the maximum sentence for gun-related offences to 15 years.

“We were advised by members of the judiciary that no minimum sentencing should be legislated, which will fetter discretion and would constitute a trespass on the domain of the judiciary,” Browne wrote.

“However, we find that some in the judiciary are abusing the discretion in law, by imposing lenient sentences on repeat offenders and others who have committed heinous crimes.”

According to Browne, short custodial sentences have contributed to a situation in which approximately 250 repeat offenders remain active, placing pressure on law enforcement and posing a threat to public safety.

“The Executive has the authority to ask for the removal of these underperforming members of the judiciary from the jurisdiction,” he said.

Browne also questioned whether, if the courts declined to remove judicial officers who are not nationals, the Executive should exercise its authority to remove them from the state “in the interest of national security and protection of the citizenry from these criminals”.

“Seeking public advice,” Browne wrote.

The statement follows a meeting of security officials on Monday, chaired by the prime minister, during which he called for greater cooperation among the judiciary, parliament and the Executive in responding to a recent rise in crime and violence.

Browne stressed the need for sentences that reflect the seriousness of criminal offences, and expressed concern that repeat offenders and those convicted of gun-related crimes were receiving punishments that, in his view, did not adequately match their crimes.

While acknowledging the constitutional separation of powers between the judiciary, Executive and parliament, he said the three branches of government must work together to meet their responsibilities for governance and public security.

“We are asking for your cooperation. We are demanding it in order to keep our country safe,” Browne told the meeting, while insisting that his comments were not intended to undermine judicial independence.

In March, Browne urged Caribbean courts to give effect to legislation passed by parliaments increasing fines and prison terms for gun-related offences.

“The magistracy, the judiciary generally, I’m saying here, step up. Otherwise, you’re going to destroy these countries inadvertently by showing that you’re all-powerful and you’re independent.

“That is not the type of, let’s say, governance ethos that we wish to see within the judiciary. We know you’re independent, but God damn it, man. We say increase the fines, increase the penalties, increase the custodial sentences of people involved in gun crimes,” Browne said.

He made those comments as police investigated the killings of 17-year-old Omari Lewis and his 18-year-old friend, Brianna Clark, in what residents described as an execution-style shooting believed to have been carried out from a moving vehicle.