Prime Minister Gaston Browne has publicly challenged Director of Public Prosecutions (DPP) Clement Joseph over his assertion that he bears no obligation to explain prosecutorial decisions to the public, warning that such a position risks undermining confidence in Antigua and Barbuda's justice system.
According to Antigua News Room, Browne responded to Joseph's remarks — made during an interview with Observer Media — via social media, questioning whether the DPP considered himself beyond public accountability.
"Really Mr DPP? You are El supremo – Beyond reproach? As a public servant, you are not accountable to the public who pays your bill and at whose ultimate discretion and pleasure you serve?" Browne wrote.
The Prime Minister expressed hope that Joseph's comments had been misrepresented, adding: "I believe that this reckless statement, which has the potential to erode public confidence and trust in the DPP, is perhaps a misquotation. For any avoidance of doubt, no one is above the law and no one is beyond reproach."
Joseph's remarks followed criticism surrounding the dismissal of two recent criminal cases by his office. In the interview, the DPP argued that the Constitution grants him broad prosecutorial discretion and does not require him to justify individual decisions to the public.
"His constitutional authority does not obligate him to explain the exercise of prosecutorial discretion," Joseph said, while noting that his decisions remain subject to court challenge if found to be unreasonable or an abuse of authority.
Joseph also questioned whether critics had sought clarification directly from his office, suggesting that some commentary had been driven by social media rather than direct engagement. While acknowledging the importance of transparency, he maintained that certain matters must remain confidential and would not be disclosed for political purposes or to satisfy public accusations. He noted that his office provides updates on prosecutorial trends at the start of each law term but held firm that the constitutional framework does not compel explanations for individual case decisions.
Attorney-at-law and former Police Commissioner Wendell Alexander offered a contrasting perspective, arguing that public confidence in the justice system is strengthened when explanations are provided in cases of significant public interest.
"In the interest of transparency, I would say that the public has a right to know because the Office of the Director of Public Prosecutions is a public office," Alexander said.
He added that in matters generating widespread public concern, offering an explanation serves the broader interests of justice. Alexander also emphasised that while the DPP holds extensive constitutional powers, those powers are not absolute and remain subject to judicial review by the High Court where decisions are deemed unreasonable or an abuse of authority.
The exchange has intensified debate over the balance between prosecutorial independence, confidentiality, and public accountability within Antigua and Barbuda's justice system.
