I can help you with that. Here is the rewritten article:
ST. JOHN’S, Antigua, CMC – Former attorney general Justin L. Simon, K.C. has described as “misguided” as well as “factually incorrect” recent statements made by Prime Minister Gaston Browne, criticizing the Judiciary for failing the Antigua and Barbuda society.
Simon, who served twice as attorney general between 2004-5 and 2010-14, said in a letter published in the local media that he felt compelled to respond to the statements by the prime minister “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 offenses.
“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 speak out fearlessly,” Simon wrote.
Last week, Prime Minister Browne said that the Judiciary is failing the Antigua and Barbuda society as the police continue to investigate the murder of a 43-year-old man in an incident that also left two others nursing gunshot wounds.
In a statement posted on his Facebook page, Prime Minister Browne said that “this shooting was ostensibly done by a criminal element who is known to the police for gun crimes,” adding, “Interestingly, he was recently given bail.
“The judiciary is failing our society by giving these known un-empathetic, destructive, criminal elements bail and short sentences, allowing them to become repeat offenders, thereby destabilizing our society with their routine criminal acts of crime and violence,” Browne said.
However, Simon said that 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 its ability to operate without fear or favor,” Simon said.
Simon said, however, that while Prime Minister Browne’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,” said Simon, who served in the cabinets of the main opposition United Progressive Party (UPP).
He said the proliferation of guns in the 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 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,” Simon said.
Simon said that 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,” Simon said, adding that “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 government’s failings to protect its citizens,” Simon said.
Simon said a recent review of bail cases involving gun-related offenses has revealed a concerning trend, with the majority of those accused being juveniles.
He said 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,” Simon said.
Simon said that the 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 center; but given its overcrowded state, it has become a breeding ground for criminal influence and further criminal behavior once the offenders are released,” Simon said.
Simon said that he is urging Prime Minister Browne and his administration to redirect their energies towards addressing the root cause of this crisis.
“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,” the King Counsel wrote.
Conclusion:
In conclusion, it is crucial that the government acknowledges the root cause of the escalating gun violence in Antigua and Barbuda, which is the failure to secure our borders and prevent the constant flow of illegal firearms into the country. The Judiciary is not the root cause of this crisis, and attacking it will not address the real issue. Instead, the government should focus on strengthening our seaports, customs, and border control measures, as well as providing adequate resources and training to ensure the safety and well-being of our citizens.
FAQs:
Q: What is the root cause of the escalating gun violence in Antigua and Barbuda?
A: The root cause is the failure to secure our borders and prevent the constant flow of illegal firearms into the country.
Q: Is the Judiciary the root cause of the crisis?
A: No, the Judiciary is not the root cause of the crisis. The Judiciary is an independent branch of government that is responsible for administering justice fairly and without bias.
Q: Why is it important to secure our borders?
A: It is important to secure our borders to prevent the flow of illegal firearms and other illegal activities that can threaten the safety and well-being of our citizens.
Q: What can the government do to address the crisis?
A: The government can take several steps to address the crisis, including strengthening our seaports, customs, and border control measures, as well as providing adequate resources and training to ensure the safety and well-being of our citizens.