Court decision clears way for by-election in next 100 days; attorney Kentish says judge ruled in the public interest

The ruling of the High Court has now cleared the way for the
Electoral Commission to hold a by-election in the constituency of St.
Mary’s South, and this has to be called in fewer than 100 days.

Members of the Browne Administration had said, earlier, that no
plans would be made before the Court had ruled on an election
petition brought by Casworth Aaron – who was alleged to be a proxy
for defeated incumbent Samantha Marshall.

Former MP Kelvin “Shugy” Simon tendered his resignation on June 7
in accordance with the provisions of Section 125 of the Constitution
of Antigua and Barbuda.

From the Speaker’s receipt of the letter, the clock began counting
down. And now that the Court has ruled that Aaron’s challenge is
moot, residents are just waiting on Prime Minister Gaston Browne
to announce the date of the by-election.

At a press conference held on Wednesday afternoon, July 5, Simon’s
lead attorney, Kendrickson “Kenny” Kentish, said the decision of
Justice Jan Drysdale was rooted in the public interest.
He also believes that Simon was vindicated when the judge
admonished the claimants not to waste the Court’s time.

Meanwhile, even as Sir Gerald acknowledged that he had erred in
not accepting Simon’s resignation earlier, he claimed that vacating
seats in the Lower House in such a manner could plunge the country
into a constitutional crisis or uproot a sitting government.

Accordingly, he said, there is need for Constitutional reform.
However, Kentish says it was the House Speaker’s initial rejection of
the resignation that almost plunged the country into a constitutional
crisis – and not the resignation, itself.