ST JOHN’S, Antigua (CMC) — Prime Minister Gaston Browne has pushed back against Caribbean judicial leaders who condemned his comments in which he threatened to deport a judge, insisting that he was giving a “last resort warning” and that judicial decisions are not beyond public criticism.

The Caribbean Heads of Judiciary, in a strongly worded joint statement on Wednesday, said Browne’s remarks about the unnamed judge were, “a threat to the very independence of the judiciary” and warned that they could erode the separation of powers and undermine public confidence in the administration of justice.

Browne, responding on Thursday, rejected that characterisation and said he was not seeking to interfere with the constitutional independence or security of any judge.

“I reaffirm, without qualification, the importance of an independent and impartial judiciary,” Browne said. “However, it does not place judicial decisions or the administration of justice beyond reasoned public criticism.”

The regional judicial leaders had condemned comments he made on August 10, when he said a judge whom he accused of having “a propensity to give criminals a break” should leave the country voluntarily or face deportation and being declared persona non grata if he failed to impose longer sentences.

Browne also sought to distance his Government from any action against a member of the judiciary.

“To remove all doubt, there has never been any request or action by my Government to remove, reassign or deport any member of the judiciary,” he said.

The prime minister nevertheless stood by his criticism of sentencing outcomes, arguing that his comments were prompted by concerns over firearm violence and statutory rape and what he described as unduly lenient sentences in some serious cases.

Browne said his remarks were not intended to direct the outcome of any case, reopen a decided matter or encourage anyone to disregard a court order.

He described them instead as an attempt to bring attention to the judicial hierarchy and what he called the “indiscretion and deliberate disregard” of legislation providing for sentences of up to 15 years for serious firearms offences.

“Judicial independence and institutional accountability are not opposing principles,” Browne said.

“Our Government seeks no control over the decision of any court. It does seek a criminal justice system that is lawful, proportionate, transparent, consistent, and effective in protecting the public.

“The people of Antigua and Barbuda are entitled to both an independent judiciary and a justice system that responds proactively and credibly to serious violent crime. My Government will continue to work for both,” added Browne.

The Heads of Judiciary also said that if Browne believed a sentence was unduly lenient, an appeal was the “only lawful and legitimate manner consistent with the rule of law and the separation of powers” for the issue to be resolved.

However, the prime minister disputed that.

“An appeal is a proper means of challenging or correcting the sentence in an individual case,” he said. “However, it is not the only lawful means by which a democratic society may examine systemic failure in the dispensation of justice.”

Browne has written to Eastern Caribbean Supreme Court Chief Justice Margaret Price Findlay proposing an independent committee to review sentencing for firearm and other serious violent offences, repeat offending and the wider criminal justice system in Antigua and Barbuda.

He has proposed that former Caribbean Court of Justice President Justice Adrian Saunders chair the committee, subject to his agreement. Browne said he had also consulted former Chief Justice Sir Dennis Byron and Justice Godfrey Smith, SC, the Caricom high-level representative on law and criminal justice, and both were prepared to assist.

Browne said the proposed review would examine sentencing data, assess whether there were significant differences between legislative policy and sentencing outcomes, identify the causes and recommend reforms.