Judge Disagrees with Watt's Late File Claim

Details

Politics

Thursday, 26 July 2012 02:29

By caribarena news

Antigua St. John's - High Court Judge, Justice Thomas Astaphan has disagreed with submissions made by attorney Sir Gerald Watt QC that several respondents including Attorney General Justin Simon have failed to file a timely defence in a case involving two former employees of the Antigua and Barbuda Electoral Commission (ABEC).

Sir Gerald was hoping to have the court commence with the case despite the defendants not filing affidavits in reply to his claim.

Watt is representing Karen Manwarren, the former senior registration officer and Eren Francis, the former administrative secretary, who have taken legal action against ABEC, the Cabinet of Antigua and Barbuda, former ABEC Chairman Bruce Goodwin and the Prime Minister.

Manwarren and Francis are of the view that their secondment from ABEC to other departments of the government was unlawful because it was ordered by the Cabinet.

According to the Representation of the People Amendment Act of 2001, all decisions of the Commission including employment must be free of political interference.

Watt told the court that the defendants-Prime Minister Baldwin Spencer, Ambassador Bruce Goodwin, Attorney General Justin Simon, ABEC’s Chairman Juno Samuel, Deputy Chairman Nathaniel “Paddy”  James, Anthonyson King, Glendina McKay, E Ann Henry and Paula Lee did not file a response within the time required by law.

Simon, who is representing the Cabinet, said he was of the view that Wednesday’s date was the first hearing of the case during which the court will give instructions about the trial and timelines by which to file responses.

The attorney general said that Justice Mario Michel on July 16 transformed the application for leave for judicial review into the fixed date claim form, which means that the time to file a reply to Watt’s claims would commence from that date.

Justice Astaphan agreed with the attorney general and noted that the time cannot be backdated to March when the application was filed initially.

Agreeing with the submissions made by Simon were Sanjeev Datadin, who is defending Spencer and Goodwin and Patricia Simon-Forde who is representing the ABEC members.

Simon-Forde also revealed that discussions have been held with Watt in an effort to bring a resolution to the issue. She said her clients are willing to settle.

Simon-Forde told the court that a draft has been prepared which has to be approved by the commission.

Molwyn Takes up Cell Tower Issue Antigua St. John's - Senior Member of the Antigua Labour Party (ALP) and Member of Parliament in St. Mary's North Molwyn Joseph has taken up the proli... read more

The trial will begin on August 30 and continue on the 31.

The defendants have to file affidavits on or before August 10 and Watt has until August 17 to respond.

Submissions and authorities must be filed by August 24.

• < Prev
• Next >