St. John’s, Antigua – Antigua and Barbuda Prime Minister Gaston Browne has proposed an independent review of firearm sentencing and repeat offending, days after his threat to deport an unnamed judge triggered condemnation from regional judicial leaders and the country’s Bar Association.

Browne’s letter to Chief Justice Margaret Price Findlay, dated Aug. 13, proposes a three-member committee to examine sentencing outcomes for firearm and other serious violent offences, repeat offending and the overall effectiveness of the criminal justice system.

He suggested that former Caribbean Court of Justice President Adrian Saunders chair the committee, subject to his agreement.

The proposal follows an emergency meeting of the National Security Council on Monday, when Browne sharply criticised the judiciary over what he described as lenient sentences for firearm offences.

“Parliament has already determined that we should spend up to 15 years in prison,” Browne said, referring to legislative changes that increased maximum custodial penalties for certain firearm offences.

He said some people convicted of gun crimes were serving two or three years, which he considered inadequate.

Browne acknowledged the constitutional separation of powers between the executive, parliament and judiciary but called for greater cooperation among the three branches.

His comments drew a strong response from Caribbean judicial leaders, who said the threat against an unnamed High Court judge struck at judicial independence and the separation of powers.

The regional judicial leaders, comprising chief justices and other senior judicial officials from CARICOM member states and regional courts, said those principles were fundamental to democratic governance.

They also pointed to existing legal mechanisms for challenging sentences considered too lenient, including appeals by the prosecution to the Court of Appeal and, where applicable, the country’s final court.

The Antigua and Barbuda Bar Association separately condemned Browne’s remarks and called on him to withdraw his threat to deport a sitting High Court judge over sentencing decisions.

The association described the threat to make the judge persona non grata as a grave threat to judicial independence and said it could not be reconciled with Browne’s assertion that he did not intend to interfere with the judiciary.

Sentencing is a judicial function, the association said, while acknowledging that parliament has the authority to establish sentencing policy through legislation.

It said the executive should not threaten a judge with expulsion because of decisions made in court and warned that even a public threat, without formal action, could have a chilling effect on the judiciary.

The association said concerns about sentencing should instead be pursued through legislation, appeals and established constitutional and institutional channels.

Browne has since said that any issue involving the tenure, assignment or conduct of a judicial officer must be pursued through institutions and procedures established by the constitution and law.

In his letter to the chief justice, Browne said the review was intended to determine whether legislative policy, sentencing practice and criminal justice administration were operating coherently.

He said the proposal was “not intended to undermine judicial independence” and argued that constitutional government required concerns over the administration of justice to be addressed through lawful institutions and procedures.

The prime minister said security agencies had reported that about 250 people with previous convictions had subsequently been arrested and charged in connection with further serious offences. He stressed that the figure did not constitute findings of guilt in pending cases.

He also said homicide levels remained significantly above those recorded in 2019 and cited an unacceptable level of firearm-related violence.

The proposed committee would be expected to provide interim observations within 30 days of appointment and a final report within 90 days. Browne wants it established by the end of August.

He said the government would provide data, logistical support and access to relevant agencies, while the committee could draw on work already undertaken by CARICOM’s high-level representative on law and criminal justice.

Browne said the review could help strengthen public safety while preserving judicial independence and the constitutional separation of powers.