The Antigua and Barbuda Bar Association would like to address what it sees as a troubling trend of members of the Executive attacking judicial officers and the courts, a trend which ought not to continue as it brings the administration of justice into disrepute and threatens the entire system of government.
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In a social media post recently, Prime Minister The Honourable Gaston Browne, criticized the judges and magistrates of the Eastern Caribbean Supreme Court of Antigua and Barbuda for their approach to granting bail and sentencing in gun-related cases.
The courts are bulwarks of our Constitution and laws, and public officials must be careful not to undermine public trust in the judiciary.
Fear of personal attacks, public backlash, and potential enforcement failures of decisions/judgments are consequences of public distrust and should not occur as public officials have a responsibility to promote respect for the courts and judicial decisions.
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The principle of separation of powers i.e the separation of the Legislative (who makes the law), Executive (who enforces the law) and Judicial (who interprets the law and applies it to individual cases before the courts) branches of government must always be observed as it aims to prevent abuses of power and autocracy.
It also promotes the betterment of mutual relations among the branches of government, which is essential for the proper working of our democracy.
It is plainly desirable that members of the public and public officials also fact-check and be armed with all relevant information in order to have a true comprehension of the issues at hand before making statements which seek to criticize and undermine the judiciary.
We caution members of the public and public officials to understand and respect the role of our courts and to refrain from making uninformed, improper and unthoughtful criticisms of our judges, magistrates and the judicial system.
To continue to do so will only lead to a distrust in the judicial system, a distortion of the balance between the three branches of government and ultimately a failing of the rule of law.
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Where there in nonchalance , partiality and cover ups in the judiciary , there myst be exposure and intervention . Suck it up.
Lol wait! Was this a threat!? Keep my name out your mouth or else I’ll tip the balances! Lolol
And here i thought soap operas gone out of style!!!
#AlltheWorldsaStage
Whilst I am not a fan of the PM, members of judiciary system has not always applied the law in the best interests of the people of Antigua and Barbuda. For example, Feng, the Chinese arsonist, was released back into civil society and I less than a year he was back before the courts.
The magistrates gave him a slapped on the wrist, and once again was released into civil society when clearly Feng should have been deported, he has no regards for our laws.
Hardened criminals are repeatedly given light sentences and no sooner they are released from jail they brought back before the courts.
Of course, it is necessary for the courts to review the type of punishment and length, sentencing should should be effective and purposeful.
Correct position but I believe it is coming too late. The Bar Association must be more timely in their responses to action and pronouncements that would seek to undermine the judiciary. These are things that simply cannot be overlooked and taken for granted. They must he taken seriously. This is where tyranny begins.
I believe in speaking about about bad decisions judges makes in ruling but I can truly say what was being said by the Prime Minister is incorrect, ignorant and outrageous. It is like he did not know he can enact laws for mandatory minimums (not the court). Judgements have been researched for centuries that shows it has nearly no deterrence impact, people do not care what the punishment will be, as they never believe they will get caught.
But the executive branch that the PM is part of enforces laws, polices society to reduce crime and have better impact on crime reduction than any other parts of the government. He is also part of the legislative branch that is charged with making laws to encourage a peaceful society (they must make the law the courts follow, if constitutional).
It is highly ignorant to continue to mention a court beeng to blame for crime when you are at the helm of the executive and legislative branch but the thing is, locals are not educated or sensible enough to realize how ignorant the things the PM is saying.
Again, I am not here saying this to the PM in bad faith but inform him, he needs to stop doing so (in this case). He would have substantially more fault that the judge applying the laws constitutionally in the court of law.
What the PM is doing shows to those with intelligence and more so with those with advance degrees in the field that he has no clue what he is doing (in the aspect of law, crime reduction, the Constitution, the system of government).
The PM is making himself look ignorant. Why would he do this to himself?
All he needed to do, strategically, was let the public knows how outrage he is about the crime rate and show he is diligently finding ways to stop this by using those with advance knowledge and degrees in the area. This would have shown he is a great leader not a great abuser or great blamer or great ignorer of how the government system and branches works.
Make the laws Sir PM, form the Intelligence and National Security Unit, put those with advance degrees and advance knowledge into that unit to study study the crimes, people, communities, criminals, criminal justice system, policing, security, national security and then provide recommendations on all that is needed in terms of laws, punishment, policing strategies, reforms of criminal justice system, etcetera.
This would have made the PM minister sound intelligent and provide adequate assurance to public instead of showing he is HIGHLY ignorant to how the branches of government works and how to reduce crime. He probably lost votes, well, if some people in the country had basic sense.
You are now free to decide whether you still want to kill me, get me robbed, as that higher up ABLP member expressed on this medium numerous times for speaking up against crimes and speaking for fairness.
Agreed.
********I believe in speaking about bad decisions judges make in ruling, but I can truly say what was being said by the Prime Minister is incorrect, ignorant, and outrageous. It is like he did not know he could enact laws for mandatory minimums (not the court). Judgements have been researched for centuries that show it has nearly no deterrence impact, people do not care what the punishment will be, as they never believe they will get caught.
But the executive branch that the PM is part of enforces laws, polices society to reduce crime and have better impact on crime reduction than any other parts of the government. He is also part of the legislative branch that is charged with making laws to encourage a peaceful society (they must make the law the courts follow, if constitutional).
It is highly ignorant to continue to mention a court beeng to blame for crime when you are at the helm of the executive and legislative branch but the thing is, locals are not educated or sensible enough to realize how ignorant the things the PM is saying.
Again, I am not here saying this to the PM in bad faith, but to inform him, he needs to stop doing so (in this case). He would have substantially more fault/blame/liability than the judges applying the laws constitutionally in the court of law.
What the PM is doing shows to those with intelligence and more so with those with advance degrees in the field that he has no clue what he is doing (in the aspect of law, crime reduction, the Constitution, the system of government).
The PM is making himself look ignorant. Why would he do this to himself?
All he needed to do, strategically, was let the public knows how outrage he is about the crime rate and show he is diligently finding ways to stop this by using those with advance knowledge and degrees in the area. This would have shown he is a great leader, not a great abuser or great blamer or great ignorer of how the government system and branches work.
Make the laws Sir PM, form the Intelligence and National Security Unit, put those with advance degrees and advance knowledge into that unit to study study the crimes, people, communities, criminals, criminal justice system, policing, security, national security and then provide recommendations on all that is needed in terms of laws, punishment, policing strategies, reforms of criminal justice system, etcetera.
This would have made the PM minister sound intelligent and provide adequate assurance to the public instead of showing he is HIGHLY ignorant of how the branches of government work and how to reduce crime. He probably lost votes, well, if some people in the country had basic sense.
You are now free to decide whether you still want to kill me, get me robbed, as that higher up ABLP member expressed on this medium numerous times for speaking up against crimes and speaking for fairness.
https://antiguanewsroom.com/bar-association-condemns-attacks-on-the-judiciary-by-members-of-the-executive/?unapproved=399478&moderation-hash=28dee51e1ae0683db765997fbf1c0d80#comment-399478
This ABBA … !!! Who is the President of The Bar Association. And When was the last time They Dis Barred any Lawyer in Antigua / Barbuda ?
MEMBERS OF THE EXECUTIVE ATTACKING JUDICIARY…? …MORIBUND BAR ASSOCIATION
While it is probable to be so inferred, the ‘…BAR COUNCIL and PRESIDENT’ is so ‘…Gaddam’ (vernacular): ‘…Weak: …Timid: and seemingly environmentally forced to arise from ‘…Insipidity,’ purportedly wrote:
‘…The Antigua and Barbuda Bar Association would like to address what it sees as a troubling trend of ‘…MEMBERS OF THE EXECUTIVE’ attacking Judicial officers and the…Courts’ [Paragraph 1].
The fact that one ‘…EXECUTIVE MEMBER’ speaks against ‘…Punishments’ that not only seems not in harmony with ‘…RATIONALITY,’ but also begs for ‘…SEVERITY.’
That which the ‘…BAR COUNCIL’ shall be looking, might very well be the ‘…GRIEVOUS NATURE’ of certain criminal acts: …Their repetitiveness and devastating impacts on:
(a) ‘…Society:
(b) …Rule of Law: and
(c) …NATIONAL SECURITY.’
Really not in defence of anyone or any utterance: and while a ‘…Prime Minister’ cannot easily separate:
(a) ‘…His/her ‘PERSONAL’ opinions or feelings from:
(a) …His/her ‘OFFICIAL’ position,’ who is best to bring ‘…Administrative Displeasure’ to
the ‘…JUDICIARY?’
Certainly, it is not the ‘…TRIPPLE-POSITIONED ATTORNEY GENERAL.’
That which most people, including the ‘…Moribund Bar Association (MBA),’ are yet to comprehend is that ‘…SIR STEADROY ‘CUTIE’ OLIVERO BENJAMIN’ is:
(i) ‘…A member of the ‘…Executive:
(ii) …Member of the ‘Legislature: with
(iii) …National responsibilities Courts:
(a) …Magistrate:
(b) …High Court of Justice (Criminal/Civil-Torts).
MORIBUND ASSOCIATION
This apparent ‘…Moribund Association’ (QUOTE: Sir Gerald Anderson Watt KCN, KC),’ appeared to have just had the ‘…BENEFIT OF MEDICATION- ‘…An ASPIRIN’ (Sir Lester Bird KCN).
QUESTIONABLE EXPLOITS
The ‘…Collective Voice’ of the ‘…ASSOCIATION’s MEMBERSHIP,’ among whom, a small minority, have been widely and grievously known for their ‘…QUESTIONABLE EXPLOITS.’
STIFFER/SEVERE PUNISHMENTS
These members have brought the ‘…LEGAL FRATERNITY,’ into more ‘…DISREPUTE’ than the ‘…Prime Minister’s apparent ‘…PASSIONATE CALL’ for the imposition of ‘…STIFFER or more ‘…SEVERE PUNISHMENTS’ on ‘…CRIMINAL CONVICTS.’
SCREW UP YOUR FACES AS MUCH AS POSSIBLE- INTERNALIZE WHAT IS WRITTEN RIGHT HERE. Not my highly respected ‘…Attorney-at-law FRIENDS.’
Better yet or get ‘…15-GRAMMES OF TAMPIE’ (King Short Shirt) and ‘…SMOKE’ it.’
DON’T GO IN PUBLIC, THOUGH. ‘TAP AH YAHARD.’
WALK GOOD.
Ya’ll better take ya’ll heads out of your asses! Pray it doesn’t show up on your doorsteps and it was someone you may have given a slap on the wrist. Check yaself, before ya wreck yaself!
The people have already lost faith in the Judiciary with the inordinate amount of procedures /time that the Court takes to render a Judgement and then the enforcement of the Judgement is sorely lacking, takes years.
Even the Privy Council has stated that the Judiciary in the Caribbean is CORRUPT
The Judiciary need to make things easier for honest people and send the lawbreakers a clear and concise message that their actions will not be tolerated
@Concerned person, that cannot be true what you are saying when PM Brown is the one who wants to get rid of the Privy council for a Caribbean court made up of the exact judges that was and will be part of the appeal courts he wants to take over from the England privy council, final court of appeal.
I take exception to the position held by the Bar Association. Since when does criticism of actions and decisions taken by the Judiciary Is classified as attack? The Judiciary is but one branch of government as such all branches of government are in the same boat, meaning that their actions are never above criticism. Criticism is one of the ways the judiciary is held accountable. If not the people and the other two branches of government, who else have the right, authority, and power to hold the judiciary accountable?
If you hold that the judiciary should never be questioned or criticized (close examination), then what are you saying about the judiciary? That it is above critique? How do you fix something if you do not closely examine it and point out its failures?
The article stated that the Bar Association contends that the judiciary interprets the laws and applies them: does this mean that the judiciary is never in error in its interpretation and application of the laws? And what is your recourse if it is believed to be in error? Are you contending then that only the judiciary can “police” itself?
My contention then is this: if the judiciary has the latitude exercise discretion and it does not do so in the interest of the people, then maybe, just maybe, the judiciary has become redundant and ineffectual and I dare say irrelevant. To declare that the judiciary is shielded from criticism is to not only subordinate the people’s will to its own but moreso it voids and subverts the mind, will, and purpose for which it was intended.
The Bar Association and the judiciary should be willing to accept criticism just as do the other two branches of government receive.
Here is my final question: when did the PM or any public official stop being a citizen of the country so that his/their right as a citizen to criticize the other branches of government ceases?
We criticize for the better and we keep silent anti our peril.
Even the former Chief of Police, Mr. Robinson, now Alexander is seriously contemplating not to represent these tugs. Because he knows that when he represents them, their is a big change that they are set free. And he just cannot live with that on his conscience. Those tugs needs to get life sentences, or the death penalty. Never ever to come and roam amongst us.
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