Prime Minister Gaston Browne Friday described as ‘reckless’ a statement by the Director of Public Prosecutions (DPP) Clement Joseph that ‘his constitutional authority does not obligate him to explain the exercise of prosecutorial discretion’.
The Observer newspaper quoted Joseph as saying that the Constitution grants him discretion over criminal charges without requiring him to justify his decisions to the public. His comments follow the dismissal of two cases by his office, including one earlier this month where Chief Magistrate Ngaio Emanuel dismissed a case against a Jamaican-born businessman on drug related charges after the prosecution indicated that it would no longer pursue the matter..
No reasons were given for the action of the Office of the Director of Public Prosecution (DPP) against Jamaican Francis Young, who had been jointly charged with Nadeem Brandon Doumith following the on May 9, 2025 discovery of 62 pounds of cannabis concealed in a cargo shipment at the Deep Water Harbour.
The drugs had a street value of EC$372,000 (One EC dollar=US$0.37 cents).
While the charges against Young have been dropped, the case against Doumith remains active and will resume on August 8, 2026.
In a statement posted on his Facebook page, Prime Minister Browne expressed surprise at the statement alluded to the DPP writing ‘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 ?
‘I believe that this reckless statement, which has the potential to erode public confidence and trust in the DPP, is perhaps a misquotation,’ Browne wrote, adding ‘for any avoidance of doubt, no one is above the law and no one is beyond reproach; tout, moun, sam and bagay are accountable’.
Joseph in his interview with the Observer newspaper, Joseph said that his decisions can be challenged in court only if they are deemed unreasonable or an abuse of authority, but not on the basis of public demand for disclosure.
Joseph challenged critics who have questioned his office to approach him directly for clarification, questioning whether any journalist in Antigua and Barbuda has asked him for an explanation, or whether critics have instead relied on social media posts and public commentary without seeking direct engagement with his office.
But the newspaper quoted former police commissioner Wendell Alexander, who is also an attorney, as saying ‘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.
‘When certain major decisions are taken, especially if the matter has become a cause célébre, or a matter with potential of much public consternation, to give a proper explanation before the general public is good for the justice system.’
Alexander said the DPP, though he holds wide powers under the Constitution, his actions can be challenged if it is deemed to be unreasonable, or if it is deemed to be an abuse of authority.
Joseph told the newspaper that certain matters must remain confidential and on a need-to-know basis. He said he will not breach confidentiality for political gain or to satisfy those making public accusations against him.