Government To Fork Out $40K To ABEC Duo

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Saturday, 01 September 2012 02:30

By caribarena news

Antigua St. John’s - After receiving their letters of reinstatement, Karen Manwarren, senior registration officer at the Antigua & Barbuda Electoral Commission (ABEC) and Administrative Secretary to the Supervisor of Elections Eren Francis have each been awarded damages to the tune of $20,000.

A High Court judge on Friday granted the order after the sum was agreed to by the parties.

Both women were seconded from ABEC into the government service following a Cabinet decision of November 23, 2010.

Manwarren and Francis opined that the move was illegal based on the Representation of the People Amendment Act of 2001, which states that all decisions of the Commission, including employment, must be free of political interference.

The applicants (Manwarren and Francis) filed legal action against a number of people, seeking to be placed back to their substantive posts.

Named in the lawsuit were Prime Minister Baldwin Spencer, the Cabinet of Antigua & Barbuda, the ABEC commissioners Chairman Juno Samuel, Deputy Chairman Nathaniel “Paddy” James, attorney E Ann Henry, Anthonyson King, Paula Lee, David Kelsick and Glendina McKay, as well as former ABEC Chairman Bruce Goodwin.

The parties initially could not agree on an appropriate award for damages. Offers of $10,000, $25,000 and $20,000 were made.

Sir Gerald Watt QC wanted $50,000, the maximum sum for his clients. He reduced that sum to $40,000 and then stated that he was willing to take $35,000.

Justice Thomas Astaphan told Sir Gerald that he did not find the $25,000 being offered by Attorney General Justin Simon QC to be unreasonable.

Watt felt that both women were treated badly and were therefore entitled to more money. The judge urged him to accept the offer and added that, “On my reckoning it would be less.”

All parties later agreed to the $20,000 figure.

In a consent order it was agreed that the Electoral Commission acted unlawfully in seconding both women to positions in the public service of the government as a result of a decision from Cabinet.

The applicants are to be returned to their substantive positions effective December 8, 2010. An order of certiorari quashing the secondment of the applicants from the Electoral Commission to positions in the public service of the Government of Antigua & Barbuda was also ordered by the court.

The Commission is prohibited by itself or through its agents from removing Manwarren and Francis from their substantive positions without just cause.

If the parties fail to agree as to costs within 14 days, costs will be decided in line with the Civil Procedure Rules (CPR).

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Attorneys for the applicants asked for interest on the damages but the court declined that request.

Justice Astaphan commended the attorneys for arriving at an amicable resolution to a matter which he said was “pregnant with controversy”, and that within 24 hours.

The attorneys thanked the judge for his kind words and helpful suggestions.

Attorney General Simon represented the Cabinet while Sanjeev Datadin and Sherry-Ann Bradshaw appeared for Spencer and Goodwin. Patricia Simon-Forde appeared on behalf of the Commission.

Dr David Dorsett assisted Watt in representing the two ABEC employees.

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