-says region’s judiciary has not yet attained required maturity
Antigua and Barbuda Prime Minister Gaston Browne says his government will not attempt during its current term to replace the UK Privy Council with the Caribbean Court of Justice (CCJ), contending that the region’s judiciary has not yet attained the maturity required for the transition.
Browne made the comments during an interview with Pointe Broadcasting Network, a short excerpt of which he shared on his Facebook page that was uploaded on YouTube.
While his remarks appeared to have been prompted by an internal controversy in Antigua and Barbuda over sentences imposed for serious crimes, his position is significant amid the controversy currently engulfing the CCJ following the disclosure of emails exchanged among its judges.
“I want to ask the members of the judiciary: whose interest do you serve when you give these lenient sentences to criminals?” Browne said.
“Are you serving the interest of the public? Or are you serving the interest of maybe the judiciary—not the judiciary, the legal fraternity?”
Browne has been criticising what he considers unduly lenient sentences for firearm offences, statutory rape and other serious crimes. On August 10, he pointed to legislation providing for prison terms of up to 15 years for some firearm offences and questioned sentences of two or three years.
His comments, including an earlier reference to the possible removal or deportation of a judicial officer, drew a rebuke from Caribbean heads of judiciary. They warned that threats against a judge over dissatisfaction with a decision would be inconsistent with judicial independence, security of tenure and the rule of law.
Browne subsequently said his government had never requested or attempted the removal, reassignment or deportation of a judge. He nevertheless stood by his criticism of the sentencing outcomes and proposed an independent committee to examine sentencing for firearm and other serious violent offences, repeat offending and the wider criminal justice system.
During the Pointe interview, Browne recalled his support for Antigua and Barbuda replacing the London-based Privy Council with the CCJ as its final appellate court.
“I am a supporter of transitioning to the Caribbean Court of Justice. We held a referendum here and I did my best to support that transition,” he said.
The proposal was rejected in a 2018 referendum, when 9,234 persons voted against the constitutional amendment and 8,509 voted in favour. Approval required a two-thirds majority.
Browne said he could no longer simply dismiss the concerns of those who opposed the change.
“But I recognise that the people are not necessarily wrong,” he said. “The level of maturity in our judiciary is such that it has created an element of fear within the society.”
He said some citizens believed the “level of anonymity” offered by the Privy Council protected them.
“And I can’t fault them,” he added.
Browne maintained that he remained committed in principle to the CCJ becoming Antigua and Barbuda’s final court, but said another attempt would not be made during the present parliamentary term.
“I am not arguing against the transition, and I will continue to support that transition,” he said. “But I have to accept that we are probably not at the level of maturity to make that transition as yet.”
“So, for example, during this term, there is no way we would even try to make that transition because we are not at that level of maturity.”
His comments come as the Regional Judicial and Legal Services Commission (RJLSC) has announced a “transparent and independent review” of allegations concerning the administration of the CCJ and the independence of its judges.
Leaked emails published by the Trinidad Sunday Express showed that five of the CCJ’s six other sitting judges had raised concerns about CCJ President Justice Winston Anderson’s leadership. The reported allegations included authoritarian conduct, attempts to change judicial panels, efforts to shape decisions and the creation of a toxic working environment.
Anderson has rejected allegations of “panel fixing” and attempts to influence the outcome of cases. He acknowledged removing Justice Chile Eboe-Osuji from a panel hearing a preliminary application in a Trinidad and Tobago matter, but said this resulted solely from a dispute over courtroom attire.
Anderson has also said that every CCJ judge will now be required to sit on each panel unless excused for a legitimate reason.
The fact that Anderson chairs the RJLSC has raised questions about how its promised independent review will be conducted and whether he will recuse himself.
Without referring directly to the CCJ controversy in the video excerpt, Browne argued that members of the judiciary were damaging public confidence through their own conduct.
“They talk about undermining the judiciary—you are undermining yourselves,” he said.
“First of all, you are undermining yourselves by not reining in these rogue elements that you have on the bench. You are undermining yourselves by treating the people with silent contempt.”
The uploaded excerpt ends as Browne continues: “So no matter how they cry, it is like you all read the newspapers…”
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