PM Browne Tells Bar Association to “Piss Off” After Judicial Independence Criticism

Prime Minister Gaston Browne has delivered a blunt two-word response to the Antigua and Barbuda Bar Association after it condemned his deportation threat against a High Court judge.

“Piss off,” Browne wrote on his social media page in response to the association’s detailed statement issued on Wednesday, August 12.

The Bar Association called on the prime minister to withdraw his threat and publicly affirm that immigration or other executive powers would not be used to influence, intimidate, punish or remove a judicial officer because of decisions made in the lawful exercise of judicial duties.

The controversy arose from comments Browne made during a national security meeting while discussing the recent increase in gun crime and violence, as well as sentences he considers inadequate.

Browne referred to a “particular judge who has a propensity to give criminals a break” before warning the unnamed judicial officer to leave the country voluntarily if he could not impose longer sentences in keeping with Parliament’s intentions.

“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,” Browne was quoted as saying.

The Bar Association described the statement as a grave threat to judicial independence, the constitutional separation of powers and the rule of law.

It argued that sentencing is a judicial function and that judges must be free to decide cases according to the law, sentencing guidelines and the evidence before them without fearing personal consequences from the executive.

According to the association, threatening a judge with deportation because of the exercise of judicial discretion amounts to executive coercion and could have a chilling effect on the entire judiciary.

The association acknowledged that Parliament may establish sentencing policies, including minimum and maximum penalties, and that the executive may advocate for tougher sentences through the legislative process.

However, it said neither Parliament nor the executive may threaten or coerce individual judges into imposing particular sentences in specific cases.

The Bar Association also stressed that the appointment, tenure and removal of judges are governed by the Constitution, the Supreme Court Order, the Judicial and Legal Services Commission and other applicable laws, all of which require due process.

It called for concerns about sentencing to be addressed through legislation, appeals and established constitutional channels.

The association concluded by reaffirming its support for an independent judiciary capable of acting “without fear or favour.”

Browne’s terse social media response indicates that he has rejected the association’s call to withdraw his comments.