Whether the election petition against Kelvin ‘Shugy’ Simon continues to go to trial will be determined when the court resumes its sitting on Wednesday.
High Court Justice Jan Drysdale, who is overseeing the petition, made the pronouncement earlier today.
Simon, who elected as a member of Parliament for St Mary’s South and has since resigned, has been facing an election petition by Casworth Aaron, alleging that his nomination was invalid.
Simon, at the time of his nomination, was employed as a guidance counsellor for the Ministry of Education and resigned from that position a fortnight before the election.
During the preliminary hearing at the High Court, Attorney at law Hugh Marshall Jr representing the petitioner argued that the court had a statutory obligation to continue to hear the case, noting great public interest and importance in the matter.
According to Marshall Jr, the election court must act in protecting democracy and the interest of the court and argues that there was still an issue to be heard in the matter, regardless of the constitutionality of Simon’s resignation as an MP.
The attorneys representing Casworth Aaron is calling for the court to declare the January 18 votes for Simon as invalid and to declare Senator Samantha Marshall as the representative for St Mary’s South.
Meanwhile, Attorney at law Kenny Kendrickson representing Kelvin Simon believes the issue is now moot in the case, as the case is now rests on whether the validity of the Speaker’s acceptance of Simon’s resignation.
Kendrickson argues that matters of public importance only arises where cases of fraud, or corrupt practices are at play and a potential criminal matter may arise from the conclusion of the petition.
Attorneys for the Attorney General’s Chambers, Roseanne Kim, Zachery Philips, and Carla Brookes-Harris as well as Dr David Dorsett who was representing the Speaker of the House, Sir Gerald Watt also made submissions as interested parties in the matter.
A decision as to whether the case is now academic, or moot could determine whether Simon and his attorneys still have a case to answer to.
Simon’s resignation, which was tendered on June 7, has triggered a by-election to be held in less than 120 days.