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AG Says Sorry About Tone, Not Passion 

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BASSETERRE, St. Kitts (Wednesday, 26th September 2024)-“Many didn’t like my tone. Others liked my tone. Everyone is entitled to their opinions. To those who felt I was rude, threatening, dictatorial, or intimidating in my tone, that was not my intention whatsoever, and to those people, I unreservedly apologize,” 

So said Attorney General Garth Wilkin in a recent Facebook post titled “Reflections on a Day of Public Debate,” issuing a written apology for the tone he used in Parliament on Wednesday, 18th September 2024.

“I can however not apologize for my passion in defending a single mother and her child, who have suffered immensely because of the rampant disregard by many of restraint in publishing scandalous lies about her and blatant threats on her and her son’s life,” he added. 

The public apology came after his parliamentary comments in voicing concerns about widespread threats and defamatory content in relation to his colleague Marsha Henderson and her son, which attracted mixed public debate about the tone used in expressing such. 

“In Parliament on Wednesday this week, I passionately spoke out against the threats and scandalous lies widely published over the past month about my Cabinet and Parliamentary Colleague Hon. Marsha Henderson that objectively put her and her son’s life at risk,” he stated. 

Wilkin further called on citizens, both at home and abroad, to end their participation in the dissemination of harmful content. 

“I asked the people of St. Kitts and Nevis, home and abroad, to end their participation in making and publishing such threatening words and videos which can cause actual physical and emotional harm to people.”

He urged the public to consider the real-life impact of their words. 

“In the past few years, all over the world, look at how many persons in public life have been physically attacked, some fatally, by members of the public, because of hatred fueled by lies widely published on social media. Words can cause actual harm.”

The Attorney General also reminded the public of the existing legal framework, particularly the Electronic Crimes Act, which criminalizes threatening or harassing communications. 

“I then informed the general public about the Electronic Crimes Act, more particularly the unlawful communications section (in force for over a decade), which makes it a criminal offense to either publish or forward information on our phones and on social media which threaten or harass anyone,” he explained. 

Addressing concerns about freedom of speech, Wilkin pointed out that while it remains a protected constitutional right in St. Kitts and Nevis, there are limitations when public safety and individual rights are at stake.

 “Freedom of speech is alive and well in St Kitts and Nevis as a constitutional right. Today is a perfect example. I said this on Wednesday and added that all constitutional rights are subject to public safety and individual rights. Meaning, you cannot just say any and everything about someone, especially if what you say could cause them harm or to feel threatened.”

Wilkin indicated that the Royal St. Christopher and Nevis Police Force (RSCNPF) is actively investigating the rising number of complaints about unlawful online communications. He expressed a desire for the public to be more mindful of their actions. 

“I told the country that we must do better in this great nation. We have two choices – one, find the goodwill within our hearts to stop the practice of creating or forwarding any harassing, threatening or vulgar photos, videos or posts using our phones OR two, the RSCNPF has the power and authority to take action.”

The Attorney General addressed those attempting to use the situation for political purposes. 

“To those who are using this public debate for political gain, shame on you.”

He also reaffirmed his dedication to criminal justice reform and his deep commitment to addressing the nation’s crime crisis. “If you think that I have no passion for my role in criminal justice reform and fixing this crime crisis we have, look at my work product. It speaks for itself. Every life lost to violence is one too many. Every single one.”

Wilkin shared a personal reflection on the tragedy of violence, citing the brutal killings of three young children earlier this year in the Federation. 

“Three young children were brutally killed this year in our country. As a father of two young children, each one hurt me deeply and ignited my passion to prevent any more horrendous tragedies like these, which is manifested in the playing of my role in curtailing violence and crime from a policy perspective. Hours and hours of my work have been put into this passion.”

Acknowledging the mixed responses to his remarks, the Attorney General noted that some were offended by his tone, while others supported his stance against online harassment. He stated: “To those who are happy someone spoke out against this horrendous societal norm of online bullying and online threats, I have your back.”

For those who found his delivery off-putting, Wilkin again apologised, saying, “To anyone otherwise offended by what I said or how I said it, I apologize. I say and do everything for the love of my country. Let’s do and be better, and I will do the same.”

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