The Election Court has convened in the matter of Casworth Aaron and Kelvin “Shugy” Simon.
This matter arises from the initial challenge that arose on 28th December 2022 when the law offices of Marshall & Co., acting on the instructions of their client, Aaron, challenged Simon’s eligibility to be nominated as they assert that he was a civil servant at the time of his nomination.
The petitioner argues that Simon’s employment status at the time of his nomination is in contravention of section 10(1) of the Civil Service Act and section 39(1)(g) of the Constitution Order of Antigua and Barbuda.
Within seven days after the general elections were held, Marshall & Co. filed a petition within the Courts.
At a hearing held on 31st January 2023, all preliminary applications were set to be heard on 9th February 2023.
Simon’s lawyers were the first to proceed with an application to dismiss the Petitioner’s Petition.
The Court heard arguments from both sides and ruled that the Application would be dismissed with costs agreed at $1,000.00 to the Petitioner.
The Court then proceeded to hear the Petitioner’s Applications.
The first Application relates to an injunction to prevent the ineligible Respondent from taking his oath and seat in Parliament pending the determination of the matter.
Arguments were heard from both sides, and the Court reserved its judgement.
Although no date has been given for the judgement, a statement issued by the Antigua Barbuda Labour Party on Thursday said, “it is highly anticipated this will be before 17th February 2023 when all Parliamentarians are expected to be sworn in”.
The other application related to a subpoena for a Public Officer who can speak to the status of the employment of Simon as at the date of nomination, 28th December 2022.
The Court will also give directions to counsel on the hearing of the Petition.
Casworth Aaron, the Petitioner, is represented by Hugh Marshall Jr. and Andrea Smithen-Henry, both of Marshall & Co.
Kelvin Simon is represented by Kendrickson Kentish of Lake & Kentish, Harold Lovell, Charlesworth Tabor, Leon Symister and Sherrie-Ann Bradshaw.
