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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