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ANTIGUA-JUDICIARY-PM asks Eastern Caribbean Supreme Court to facilitate independent review of firearm sentencing

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ST JOHN’S, Antigua, Aug 13, CMC – Prime Minister Gaston Browne has written to the Chief Justice of the Eastern Caribbean Supreme Court (ECSC), requesting the establishment of an independent committee to review firearm sentencing, repeat offending and the wider criminal justice system in Antigua and Barbuda.

The move follows Browne’s recent public criticism of judges over what he described as lenient sentences, including his threat to deport a judge if he did not “follow the lead of Parliament to give longer sentences”.

In his August 13 letter to Chief Justice Margaret Price Findlay, Browne said the proposal for the committee followed a recent meeting of the National Security Council and senior security and law-enforcement officials, which raised matters of “grave and urgent national concern”.

He is proposing that the committee examine sentencing outcomes for firearm and other serious violent offences, repeat offending and the operation of the broader criminal justice system.

Browne cited a December 2025 joint report, Pathway to Policy: Firearms Trafficking and Public Health in the Caribbean, which he said reported that aggregate homicide rates across CARICOM Member States and Associate Members more than doubled in 2023-2024 compared with the 2016-2019 baseline. He also noted the report’s finding that firearms were used in 86 per cent of homicides in 2023-2024.

According to the Prime Minister, published data placed Antigua and Barbuda’s homicide rate at approximately 2.4 per 100,000 people in 2019, 10.8 in 2022, 10.7 in 2023 and 12.8 in 2024. He also referred to information from security agencies indicating that approximately 250 people with previous convictions had subsequently been arrested and charged in connection with further serious offences.

Browne stressed that the figure should not be treated as evidence of guilt in pending cases, but said it represented a concern about repeat offending that required examination across the criminal justice chain.

He acknowledged that sentencing decisions must take account of the Eastern Caribbean Supreme Court Sentencing Guidelines, including guilty pleas, aggravating and mitigating factors, previous convictions, time spent on remand, the totality principle and appellate decisions.

However, he said concerns about sentencing outcomes should be subjected to “rigorous independent scrutiny” rather than generalisations.

Browne also addressed judicial independence, saying it does not require an elected government to remain silent on public-safety concerns. He said concerns about judicial administration must be pursued through the institutions and procedures established by the Constitution and law, describing the proposed committee as a means of converting his concerns into “authoritative review and practical action”.

“The proposed Committee is neither an apology for, nor a retreat from, the concerns I have expressed,” Browne wrote, saying it would instead provide a mechanism for an authoritative review and practical action.

The Prime Minister asked the Chief Justice to appoint, or otherwise facilitate the constitution of, a committee of three suitably qualified and independent persons.

He said the scope could be expanded to include a wider ECSC review if the relevant member states and territories considered that useful.

Browne said he had consulted former Caribbean Court of Justice President Sir Dennis Byron and CARICOM High-Level Representative on Law and Criminal Justice Godfrey Smith, who he said were prepared to assist the committee.

He proposed former Caribbean Court of Justice President Justice Adrian Saunders as chairman, subject to his willingness to serve. Browne cited Saunders’ service in the ECSC, including as acting Chief Justice, his later presidency of the CCJ, and his role in co-facilitating the July 2025 dialogue.

Among the proposed committee’s responsibilities would be to analyse sentencing outcomes over a defined five-year period; assess those outcomes against legislation, the ECSC Sentencing Guidelines and relevant appellate decisions; identify any divergence between legislative policy and sentencing outcomes; and examine wider criminal justice issues including prosecution practices, criminal histories, pre-sentence information, bail and remand, prison release, supervision and rehabilitation.

The committee would also be asked to quantify repeat offending where reliable data permit and recommend legislative, procedural, data or inter-agency reforms that could improve public safety while preserving judicial independence and the separation of powers.

Browne called for an expedited timetable, asking for an initial response from the Chief Justice by August 20. He proposed that the committee’s membership and terms of reference be settled by August 31, with interim observations within 30 days of its appointment and a final report within 90 days.

He said the Antigua and Barbuda Government would designate a senior focal point and provide data, logistical support and access to relevant agencies required for the committee’s work.

“The people of Antigua and Barbuda are entitled to expect their elected Government, the Judiciary and law-enforcement agencies to meet this challenge with urgency, discipline and unity of purpose,” Browne wrote, adding that his government would continue to respect judicial independence while discharging its mandate to protect the public.

Earlier in the week, at a National Security Meeting, Browne expressed concern about the “short sentences” being handed down by judges despite Parliament passing legislation to allow for harsher penalties related to the increase in gun crime and violence.

He spoke about one specific judge, though not naming him, warning: “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.”

The comments drew criticism from the Antigua and Barbuda Bar Association (ABBA), which on Wednesday called on him to “withdraw the threat” he made against a sitting judge of the Eastern Caribbean Supreme Court.

Browne dismissed the calls, posting on Facebook: “Here is my response to your request for an apology: Piss off”.

CMC/ed/2026

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