Kelvin “Shugy” Simon, former MP for St. Mary’s South, will appear
before the High Court of Justice this morning, Monday, July 3, at 9
a.m., for a preliminary hearing of his case.
A challenge has been brought by Casworth Aaron, a voter in that
constituency. Aaron is seeking a declaration that Simon’s win in the
January 18 General Election is a nullity, since he had not tendered
his resignation from the public service before being nominated as
the United Progressive Party’s candidate.
Further, Aaron is seeking a declaration that Samantha Marshall, the
Antigua Labour Party candidate, was the winner of that contest,
having amassed the second-highest number of votes.
However, expressing his preference to have the matter decided by
the people of St. Mary’s South – rather than by the Court – Simon
tendered his resignation from the House of Representatives on June
7 with the expectation of triggering a by-election.
Senator Shawn Nicholas, UPP general secretary, says she prefers not
to go into detail about the case – since it is sub judice, or before the
court. But she says the Party and Simon are both confident they
have a strong case.
House Speaker Sir Gerald Watt, KC, has been added to the litigation,
while several persons in Simon’s camp – including his campaign
manager and chairman of his branch – reportedly have been
subpoenaed by Aaron’s attorney.
It was only on Friday, June 30, that Sir Gerald admitted that, based
on Section 125 of the Constitution, his earlier rejection of Simon’s
resignation letter was wrong.