The United Progressive Party’s Kelvin Simon will be sworn in on Friday as a member of the House of Representatives.
This is the latest development in the unfolding saga over the legitimacy of Simon’s nomination on 28th December, 2022 ahead of general elections last month.
On Tuesday, the High Court denied an application for an injunction by St. Mary’s constituent, Casworth Aaron, who filed a legal petition which attempted to bar Simon from being sworn in as a member of Parliament and have the court determine whether the former school counsellor was properly nominated and elected as he was a civil servant at the time of his nomination.
Aaron and his legal team, led by Hugh Marshall Jr., argue that Simon was in breach of Section 10(1) of the Civil Service Act and Section 39(1)(g) of the Constitution Order of Antigua and Barbuda which broadly state that civil servants cannot run for elected positions in government, nor should they actively participate in partisan political activities.
While Simon produced a letter of resignation that was submitted to the Public Service Commission, Aaron and his lawyers contend that it was improperly submitted and received no response from the commission as at the date of Simon’s nomination.
Marshall has indicated his intent to subpoena a member of the Public Service Commission who can testify to Simon’s employment status with the government when he was nominated in December.
Upon refusing the injunctive application, the Court then proceeded to give directions for the hearing of the substantive matter, with the next date for court appearance being 24thApril 2023, when counsel for both sides will appear before the Court to set a date for the substantive hearing of the matter.
The other application relates to a subpoena for a Public Officer who can speak to the status of employment of Simon as at the date of nomination, 28th December 2022.
Hugh Marshall Jr. is joined by Andrea Smithen-Henry, both of Marshall & Co., are legal counsel for the Petitioner, Casworth Aaron.
Kelvin “Shugy” Simon is represented by Kendrickson Kentish of Lake & Kentish, Harold Lovell, Charlesworth Tabor, Chaku Symister and Sherrie-Ann Bradshaw.
