The Antigua and Barbuda government has defended Prime Minister Gaston Browne’s comments on sentencing and crime, while reaffirming its commitment to judicial independence.

The government’s position comes in response to the Commonwealth Magistrates’ and Judges’ Association (CMJA), which expressed concern over remarks by Browne that it said amounted to an attack on members of the judiciary and included threats of removal from office.

In a letter to CMJA Secretary General Dr Karen Brewer on August 17, Foreign Affairs, Trade and Immigration Minister Chet Greene said the government recognises the association’s role in protecting judicial independence and remains committed to the separation of powers, security of tenure for judges and the Commonwealth Charter and Latimer House Principles.

Greene, however, argued that the CMJA’s August 14 statement did not take into account developments that followed Browne’s initial comments, including a public clarification from the prime minister, correspondence with the Chief Justice of the Eastern Caribbean Supreme Court and a response to the Caribbean Heads of Judiciary.

The government said Browne’s original remarks were made during a National Security Council meeting on August 10 against the backdrop of public concern over firearm violence, serious crime and what it described as sentencing outcomes considered by many citizens to be too lenient.

The government also pointed to legislation passed in 2024 that increased penalties for specified firearm offences, including a maximum sentence of 15 years following conviction on indictment for unlawful possession of a firearm.

Greene said Browne, as head of the elected government, has a constitutional and political responsibility to respond to concerns about crime, public safety and the effectiveness of the criminal justice system.

The government stressed, however, that it distinguishes between criticism of sentencing outcomes and interference with judicial decision-making.

According to Greene, Browne did not seek to influence the outcome of any case, reopen a concluded matter or encourage anyone to disregard a court order.

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

Greene said any questions concerning the tenure, assignment or conduct of judicial officers would be addressed strictly according to the Constitution and the law.

“No executive measure has been taken or is contemplated to remove, reassign, deport or discipline any judicial officer outside of the legally established procedures,” the government said.

The CMJA, however, said it remains “extremely concerned” about Browne’s remarks and endorsed a joint statement issued by Caribbean Heads of Judiciary on August 13.

The association said judges must be able to make decisions independently and without “improper influences, inducements, pressures, threats or interferences”.

It also argued that any attempt to remove a judicial officer without due process would conflict with principles on judicial independence contained in the UN Basic Principles on the Independence of the Judiciary and the Commonwealth’s Latimer House Principles.

The CMJA said dissatisfaction with court decisions should instead be addressed through established mechanisms, including appeals or changes to legislation.

It also expressed concern about the timing of the dispute, noting that Antigua and Barbuda is due to host the Commonwealth Heads of Government Meeting later this year.

The association urged the Antigua and Barbuda government to respect the authority of the judiciary and ensure that due process is followed.

Greene has asked the CMJA to publish the government’s letter alongside its August 14 statement, arguing that this would allow its members and the wider Commonwealth public to consider what the government views as the complete record of the dispute.

The government said it remains committed to judicial independence, constitutional government and public safety, maintaining that those principles can and should coexist.