Dear Editor,
I feel compelled to pen this article in response to recent remarks made by the Honourable Prime Minister Gaston Browne concerning the Judiciary, and in particular his criticism directed at the Judges and Magistrates regarding the granting of bail, and the prison sentences meted out in gun-related offences. As an advocate for the rule of law and given the expected and cherished independence of our judicial system, I find these comments not only misguided but also factually incorrect and very distracting from the real issue at hand—the alarming influx of illegal firearms into our nation. The Judiciary cannot defend itself, and we in the legal fraternity must therefore speak out fearlessly.
Given the recognized constitutional fact that the Judiciary is the third and only independent branch of government, it is more than troubling to hear the Prime Minister publicly castigate the Judiciary, an institution that must always remain and be seen to be impartial and free from political interference to function effectively. The independence of our courts is a cornerstone of our democracy, ensuring that justice is administered fairly and without bias. When the executive branch unjustly criticizes the Judiciary, especially in such a public manner, it risks undermining public confidence in the legal system and compromising the Judiciary’s ability to operate without fear or favour.
However, while the Prime Minister’s comments have garnered significant attention, it is crucial to recognize that the Judiciary is not the root cause of the escalating gun violence in Antigua and Barbuda. The real issue lies in the failure to secure our borders and thereby prevent the constant flow of illegal firearms into the country. It is there that the government’s focus should be directed.
The proliferation of guns in our communities is not a result of judicial leniency; it is a direct consequence of inadequate border security, whether at the seaports, along the coastline, and at the international airport. If guns are entering our ports with such apparent ease, then the priority must be to strengthen our seaports, customs, and border control measures. We need more resources allocated to these areas, stricter enforcement of laws, and a concerted effort to dismantle the networks responsible for smuggling these deadly weapons into our country. The police must have some suspicion as to the persons responsible for bringing in these weapons, given their interrogations of the many persons found in possession of unlicensed firearms.
By wrongfully focusing on the Judiciary, the Prime Minister risks distracting from the real cause of our growing unlawful use of firearms. The courts can only adjudicate the cases that come before them; they cannot stop guns from entering the country. That responsibility lies squarely with the government. And unjustified attacks on the Judiciary for adhering to the Constitution and the Laws of Antigua and Barbuda, and for following approved sentencing guidelines is nothing more than an attempt to deflect from the failings of the government to protect its citizens.
In addition, a recent review of bail cases involving gun-related offences has revealed a concerning trend: the majority of those accused are juveniles. Under the Juvenile Act, these young offenders are required to be housed separately from adult prisoners, a measure
intended to protect them from the potentially harmful influences of the adult prison population. However, the stark reality is that Antigua and Barbuda lacks the necessary facilities to detain these juveniles separately, leaving our Judges and Magistrates with a difficult choice. In many cases, especially where the accused are first-time offenders, members of the Judiciary have been compelled to grant bail rather than remand these young individuals to the adult prison system, where they could face significant risks. This situation underscores the urgent need for the government to establish appropriate juvenile detention facilities, ensuring that the justice system can fulfill its obligations without compromising the safety and well-being of young or first-time offenders. One must not forget that in addition to punishment, the prison should be a rehabilitation centre; but given its overcrowded state it has become a breeding ground for criminal influence and further criminal behaviour once the offenders are released.
I urge the Prime Minister and his administration to redirect their energies towards addressing the root cause of this crisis. By tightening border security and preventing the influx of illegal firearms, we can significantly reduce the violence plaguing our communities. And, our education system must be geared to provide more opportunities for students who are not academically inclined, to develop necessary skills and thereby play a significant part in our country’s overall development. In turn, this will contribute to a safer, more just society – not just a society. In the immortal words of King Shortshirt, “let this be our pledge”.
The whispers within our community have been growing louder, with many citizens openly questioning how illegal firearms are entering our country; which containers they are being smuggled through; and who is responsible for these criminal imports. There is a palpable frustration that if the community is aware of these details, the government must also be in the know. This raises serious concerns about the adequacy of government action – or lack thereof – against these under-cover offenders. The public must demand accountability, and urge the authorities to act decisively against those who are facilitating the flow of guns into our communities, and to protect the nation from the escalating threat of gun violence.
It is important to highlight that the young man who became a direct target of the Prime Minister’s recent criticisms has, in fact, been questioned by the police authorities in connection with the very shooting incident that prompted the Prime Minister’s remarks. However, after thorough questioning, he was released without being charged, suggesting that there was insufficient evidence to link him to the crime. This not only raises serious questions about the fairness and accuracy of the Prime Minister’s public statements, but risks damaging further the reputation of this young man who is yet to be charged by the police, and also undermines the principle that everyone is innocent until proven guilty and could, additionally, be prejudicial to any jury trial thereafter.
Such unwarranted and unfair comments not only jeopardizes the integrity of the legal process but also raises serious concerns about the influence of political leaders on the justice system.
The responsibility of keeping our nation safe rests with the government, and it is imperative that this responsibility is met with the seriousness and focus it demands. Rather than attacking the Judiciary, let us work together to secure our borders, create rehabilitative environments for those already influenced and affected, maintain skill-set training at our
educational establishments, and protect our citizens from the scourge of unwanted firearms illegally entering the country.
Justin L. Simon, K.C.
Attorney-at-Law
