The Government of Antigua and Barbuda has reaffirmed its commitment to judicial independence while urging the Commonwealth Magistrates’ and Judges’ Association (CMJA) to consider the full record surrounding Prime Minister Gaston Browne’s controversial remarks on sentencing and the Judiciary.

Foreign Affairs, Trade and Immigration Minister E.P. Chet Greene outlined the Government’s position in a letter to CMJA Secretary General Dr Karen Brewer, responding to a statement issued by the Association on August 14.

Greene said the Government recognises the CMJA’s role in safeguarding judicial independence across the Commonwealth and remains committed to the separation of powers, security of tenure for judicial officers, the Commonwealth Charter and the Latimer House Principles.

The CMJA’s intervention followed criticism of comments made by Prime Minister Browne during discussions about crime, sentencing and the administration of justice. The Caribbean Heads of Judiciary also issued a joint statement expressing concern that the remarks posed a threat to judicial independence and the separation of powers.

However, Greene argued that the CMJA’s statement did not appear to take into account subsequent developments, including Browne’s public clarification, correspondence with the Chief Justice of the Eastern Caribbean Supreme Court and his response to the Caribbean Heads of Judiciary.

The Government said the Prime Minister’s initial comments were made during an August 10 meeting of the National Security Council amid growing public concern over firearm violence, serious crime and what many citizens regard as overly lenient sentences.

It pointed to legislative changes made in 2024, when Parliament strengthened penalties for specified firearm offences, including a maximum sentence of 15 years following conviction on indictment for unlawful possession of a firearm.

According to the Government, Browne, as head of the elected administration, has a responsibility to respond to public concerns about crime, public safety and the effectiveness of the criminal justice system.

It nevertheless sought to draw a distinction between criticising sentencing decisions and interfering with the Judiciary.

Greene said the Prime Minister’s comments were not intended to determine the outcome of any case, reopen a concluded matter or encourage anyone to disregard an order of the court. He also stressed that the Government has not defied any judicial ruling or court order.

The Government further highlighted Browne’s subsequent clarification that no judge would be removed, reassigned, deported or otherwise dealt with through executive action.

It said any questions concerning the tenure, assignment or conduct of judicial officers would be handled strictly in accordance with the Constitution and the law.

“No executive measure has been taken or is contemplated” to remove, reassign, deport or discipline a judicial officer outside established legal procedures, according to the Government’s position outlined by Greene.

The clarification comes as debate continues across the region over the Prime Minister’s comments. Browne has maintained his criticism of sentencing practices while rejecting suggestions that criticism of judicial decisions, on its own, amounts to an attack on judicial independence.

According to the Government, the Prime Minister’s clarification does not mean he has withdrawn his concerns about sentencing. Instead, it establishes the constitutional limits within which those concerns will be pursued.

Greene has asked the CMJA to make the Government’s correspondence available alongside its August 14 statement, arguing that members of the Association and the wider Commonwealth public should have access to what Antigua and Barbuda considers the complete record of events.

The Foreign Affairs Minister concluded by reaffirming the Government’s commitment to judicial independence, constitutional government and public safety, while calling for constructive cooperation among the different branches of the State.

The Government maintains that those principles are not competing interests but are mutually reinforcing and must all be protected.