By Robert A. Emmanuel
Kelvin ‘Shugy’ Simon, the representative-elect for St Mary’s South, will be allowed to represent his constituency after a High Court judge ruled in his favour on an injunction seeking to prevent him from being sworn in.
The 42-year-old, a former guidance counsellor and first-time candidate for the United Progressive Party (UPP) in the January 18 polls, saw his nomination and subsequent election petitioned to the High Court by Hugh Marshall Jr on behalf of Casworth Aaron.
Simon has been embroiled in a legal battle since his election victory against the Antigua Barbuda Labour Party’s (ABLP) Samantha Marshall by 199 votes.
Last week, a High Court judge heard first arguments on three motions: the injunction preventing Simon from taking the oath of office, a subpoena of a member of the Public Service Commission to give testimony, and consideration of whether Simon’s nomination and subsequent election were invalid under the constitution.
With Simon being allowed to be sworn in at Friday’s first sitting of Parliament, the court now has to decide whether his nomination contravened the constitution and Civil Service Act which prohibits civil servants from being elected to office.
Simon quit his post with the Ministry of Education a week after his nomination but a fortnight before the election. The ABLP has said it wants legal clarity on the matter to set a precedent for future polls.
Attorney-at-law Charlesworth Tabor—one of five attorneys representing Simon—said yesterday’s decision was an interim one as the major decision on the legality of his election could be months away from a final conclusion.
“The party is happy even though this is just an interim judgement. We believe we will ultimately prevail,” he told Observer.
Observer also attempted to reach Hugh Marshall Jr for comment but was unsuccessful up to news time.
The next court appearance will be on April 24. Counsel for both sides will appear to set a date for the substantive hearing of the matter.