By Carlena Knight
While many have been voicing their opinions over the possible legal challenge that could be mounted by the Antigua Barbuda Labour Party (ABLP) surrounding the St Mary’s South seat, one attorney is finding the matter rather ironic.
Dwyer Astaphan told the Connecting with Dave Lester Payne show last week that he sees no difference between the fight the ABLP is trying to make by alleging constitutional breaches by United Progressive Party (UPP) candidate Kelvin Simon and the party’s ongoing battle with Asot Michael.
The ruling party claims Simon should not have been nominated as a candidate while still employed as a civil servant. Simon says the prohibition only applies once elected and that he plans to quit his post with the Ministry of Education imminently.
Michael has threatened to bring contempt proceedings against any electoral officials who facilitated a breach of a May 11 High Court order in his favour after Rawdon Turner was nominated on the ABLP’s election ticket on December 28.
Astaphan said, based on the information he has at hand, Michael does have a case and all of the persons who were involved in Turner’s nomination could face prosecution.
“Any of those persons who would support that illegal action could find themselves in contempt of court,” he said.
“Now the election supervisor, Ms Simon, is in a position officially and presumably of sufficient experience and knowledge to have inquired as to whether the Labour party had indeed complied with the court order and gotten the court’s clearance of the injunction and their blessings for Mr Turner to proceed.
“Had she done that she would have discovered more than likely that Mr Turner was not properly presented for nomination. Likewise for the returning officer.
“This is not an attack on anybody but for something like this, a party – and not just any party, the party that has occupied government in Antigua for more years than any other party – would have this kind of disregard for its own constitution, then how could they be qualified to safeguard and promote the constitution of Antigua and Barbuda if they are abusing their own constitution?” Astaphan asked.
Attorneys representing embattled St Peter’s MP Michael wrote to the Supervisor of Elections last week, reminding her of the said court judgment that declared Turner’s nomination was not done in accordance with the provisions of the ABLP’s revised constitution.
The nomination process was conducted nevertheless.
Executive member of the ABLP Lionel Hurst said the party did conduct a just process for Turner’s selection and even submitted a certificate of compliance to show that they had covered their bases.
Prime Minister Gaston Browne went a step further claiming that, based on the fact that they had a convention, the ABLP did abide by the ruling and Michael has no case.
“We decided to do over the process and we subsequently filed the certificate to confirm that Rawdon Turner was duly elected as the candidate for St Peter,” Browne said.
“So maybe sometime in the future when Rawdon done win and serving as a parliamentarian I don’t know if he will have the guts or the sense, but the issue is at this point Rawdon Turner is the candidate and there is nothing Asot Michael can do to stop it.
“Neither Rawdon Turner or any member of the Labour party is in violation or contempt of the court because we did over the process.
“If we had not done over the process and filed the certificate to confirm that we have remedied whatever flaws that Asot Michael says existed then that would be a different case, but that is the reason why we had the convention back on July 10,” Browne explained.
But Astaphan once again shot down that notion saying that the document in question, in his opinion, was not sufficient. He also touched on the convention the ABLP held, questioning if they truly complied with their constitution accurately.
“I understand in a matter like this, party members are to get 45 days’ notice. I am told Mr Michael didn’t get any notice at all. I am told people got 30 days’ notice and that sort of thing but it says 45 and it says 45 for a reason.
“You have to give people time. This is a meaty and important matter. It’s a constitutional matter for the party and it has immense political implications and it seems as if they butchered it.
“I don’t know if the court can be mobilised in time for the elections but in my opinion, again, based on the limited knowledge I have of the case, Mr Michael is in a very good position legally and a number of people could find themselves potentially in some hot water,” Astaphan said.
He added that the entire situation is disappointing and claimed it proves a lack of leadership skills within the ABLP.