Legal battle for St Mary’s South seat to come before court next week

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Kelvin “Shugy” Simon. Supervisor of Elections Dame Lorna Simon
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By Robert A. Emmanuel

[email protected]

Legal action filed in the High Court against the United Progressive Party’s (UPP) Kelvin “Shugy” Simon – who won the St Mary’s South seat by almost 200 votes – will be heard on February 9.

The petition challenges the legitimacy of Simon’s nomination to run as a candidate in the January 18 election.

Yesterday a preliminary hearing took place to set the order of next week’s proceedings.

Simon resigned from his civil service position as a guidance counsellor within the Ministry of Education a fortnight before the election but a week after being officially nominated to run as a candidate for the UPP. The ABLP claims he should have quit before being nominated.

The respondents—Simon and his legal representatives—have until February 3 to submit their arguments before the High Court.

The judge added that the petitioners will be expected to file their response on February 6 with skeleton arguments on both applications expected to be filed on February 8.

Attorney Hugh Marshall Jr filed the petition asking the court to make a declaration that Simon’s nomination contravened both the Constitution of Antigua and Barbuda and the Civil Service Act.

In his petition, it was claimed that at the time of Simon’s nomination, he was not qualified to participate in the elections as he had not resigned from the Public Service Commission (PSC).

It also alleged that insufficient time was given to the PSC to consider such a resignation ahead of the general election.

On January 5, Supervisor of Elections Dame Lorna Simon explained that the Antigua and Barbuda Electoral Commission (ABEC) has no jurisdiction to prevent anyone from being nominated once they have passed the criteria.

She reiterated that statement at an ABEC press conference yesterday, noting, “based on the advice of our legal counsel, once a person meets the criteria for nomination…that is what is needed for nomination, we are not going to enquire as to anything outside of what this law requires”.

Dame Simon noted that she and the Returning Officer for St Mary’s South had been given notice of the petition and said if the court required them to give testimony in relation to the case, they would do so.

The 2002 amendment to the Representation of the People Act sections 9 to 12 speaks to the criteria by which a candidate can be nominated.

Reviewing section 39.1 (g) of the Constitution of Antigua and Barbuda, it states: “No person shall be qualified to be elected as a member of the House who holds or is acting in any public office…”

Meanwhile, section 10.1 of the Civil Service Act states: “A civil servant is disqualified for membership activities of the Senate or the House of Representatives, or any local government body.”

Both UPP leadership and Simon have told Observer media in recent interviews that Simon is ready to serve his constituents and is not anxious over the legal action against him.

Simon is being represented by attorneys Harold Lovell, Charlesworth Tabor, Leon “Chaku” Symister, Kendrickson “Kenny” Kentish, and Sherrie-Ann Bradshaw.

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