Dean Jonas Petitioner v Jacqui Quinn-Leandro Marilyn Simon Lorna Simon The Electoral Commission Respondents [ECSC]
| Jurisdiction | Antigua and Barbuda |
| Judge | Blenman J |
| Judgment Date | 30 June 2009 |
| Judgment citation (vLex) | [2009] ECSC J0630-4 |
| Docket Number | CLAIM NO. ANUHCV2009/0141 |
| Court | High Court (Antigua) |
| Date | 30 June 2009 |
IN THE HIGH COURT OF JUSTICE
IN THE HIGH COURT OF JUSTICE
IN THE HIGH COURT OF JUSTICE
IN THE HIGH COURT OF JUSTICE
CLAIM NO. ANUHCV2009/0141
CLAIM NO. ANUHCV2009/0142
CLAIM NO. ANUHCV2009/0143
CLAIM NO. ANUHCV2009/0144
And
And
And
Mr. Douglas Mendes SC With Mr. Kendrickson Kentish and Mr. Leon Chaku Symister for the First Respondents
Mr. Russell Martineau SC With Ms. Emily Simon-Forde for the Second/Third Respondents
Mr. John Guthrie QC and Mr. Anthony Astaphan SC and Ms. Rika Bird for the Petitioners
Mr. Anthony Armstrong Director of Public Prosecutions and Ms. Joanne Walsh Crown Counsel II
Antigua and Barbuda held its General Election on the 12 th March, 2009. There were two main parties, among others, contesting the elections. These were the Antigua Labour Party (ALP) and the United Progressive Party (UPP). In Barbuda, the Barbuda People Movement (BPM) and the ALP were the main parties to contest the election. Elected members were declared and the United Progressive Party was declared the winner of the elections. It bears noting the BPM candidate was declared the winner in Barbuda.
It is evident that the elections were hotly contested and very competitive. This apparently persisted to very close to the actual date of polling.
The UPP having won the elections has formed the Government.
Six persons have filed petitions challenging the elections (six petitions were filed) seeking to have the election declared void. On the first date of hearing, the Court having heard submissions from learned Counsel for the petitioners and the respondents ruled that the first four petitions were to be consolidated heard together and that the other two were, similarly, consolidated heard together.
This decision relates to the applications that were filed in relation to the first four petitions. Each of the petitions in the first four petitions is supported by First Affidavits sworn to by each petitioner.
The petitioners have named the Supervisor of Elections, the Election Officers and the Returning Officers as parties to the petition. They have also joined the Electoral Commission. There is no appearance on behalf of the Commissions, for reasons that will become apparent shortly.
The petitioners in the case at bar were three candidates of the ALP and one voter who was entitled to vote.
The first petitioner, Mr. Dean Jonas, is the ALP candidate for St. George. He seeks to have the election declared invalid. In that Constituency, Ms. Jacqui Quinn-Leandro, the UPP candidate was declared the winner. In the second petition, Mr. Arthur Manoah Nibbs, the ALP candidate for the Constituency of Barbuda has filed a petition in which he seeks to have the election in which Mr. Trevor Walker was declared the winner, deemed void. In relation to the St. John's Rural West Constituency, Mr. St Clair Simon, who was not a candidate but says that he had a vote and voted as an elector, has filed a petition seeking to have the election declared invalid. Mr. Baldwin Spencer, the Prime Minister, was declared the winner in that Constituency. Mr. Charles Henry Fernandez (the ALP candidate) has filed a petition and he seeks to have the election declared void in relation to Mr. John Maginley (the UPP candidate) who was declared the winner.
The four petitions having been filed, the respondents who were declared to be elected filed applications to strike out various paragraphs. In addition, Ms. Lorna Simon the Supervisor of Elections, and the Returning Officers, have filed applications to have various paragraphs of the petition struck out. They have also asked that the Electoral Commission be struck. The petitioners have also filed applications in which they are seeking various sets of information from the respondents and the respondents have counter filed applications in which they seek various sets of information from the respondents. This matter would be addressed shortly.
Issues
The issues that arise for the Court to resolve are as follows:
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(1) Whether the Court should strike out the various paragraphs of the petitions as requested by the respondents;
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(2) Whether the Court should strike the Electoral Commission from the petitions;
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(3) Whether the Court should order the respondents Mr. Baldwin Spencer and Mr. Trevor Walker to provide the information and details that the petitioners seek.
I will now address the applications filed in the various petitions.
Mrs. Jacqui Quinn-Leandro has filed an application to strike out paragraph 8.1, which deals with the ABS advertisement, from the petition. She has also applied for an order that the petition provides further and better particulars of several matters. During the hearing of the applications, learned Senior Counsel appearing on behalf of Mrs. Quinn-Leandro and learned Queen's Counsel Mr. Guthrie agreed to the provisions of the particulars that were requested.
Mrs. Marilyn Simon Returning Officer and Ms. Lorna Simon who is the Supervisor of Election have also applied to have section 8.1 of the petition struck out. This paragraph deals with an alleged ABS advertisement. Their main contention is that the allegation contained in paragraph 8.1 does not relate to the conduct of poll on polling day at all and how the election was conducted. It is worst, they argue since paragraph 8.1 does not in any way connect them or the Electoral Commission to the incident referred to on polling day it should be struck. The allegations are exclusively against the Government of Antigua and Barbuda. They also apply to have the Electoral Commission struck.
Mr. Dean Jonas has also applied to the Court for orders compelling the Supervisor of Election Ms. Lorna Simon, Ms. Marilyn Simon the Returning Officer and the Electoral Commission to provide further information and details of matters that relate to the polling day. These included matters such as when the polling stations opened and closed. During the hearing however, Senior Counsel Mr. Martineau indicated that the Supervisor of Commission had provided some of the information and undertook to make available the rest of the information. This therefore obviated the need for the court to address the application for particulars in so far as it relates to the Supervisor of Elections and the Returning Officer. He also applied for an order that the parties file and exchange witness statements.
St. Clair Simon's Petition
The next petition was Mr. St. Clair Simon's petition.
Mr. Baldwin Spencer has filed an application in which he seeks to have paragraph 8.1, 8.2, 8.3 and 8.4 of the petition struck. Also he also seeks to have the words "undue influence" "bribery" "29"and "29B" appearing in the first sentence of paragraph 8.6 of the petition struck. In addition, he seeks an order striking out the second sentence of paragraph 8.6 of the petition. Further he seeks an order striking out paragraph 9.1, which deals with the ABS advertisements, from the Petition. Alternatively, he seeks to have the Court to compel the Petitioner to provide a number of particulars/information in relation to statements made in paragraphs 8.2, 8.3, 8.4, 8.5, 9.3, 9.4, 9.5, 9.10 and 9.11.
Mr. George Brown and Ms. Lorna Simon, who are the Returning Officer and the Supervisor of Elections respectively, have also filed application in which they seek to have paragraph 9.1 of the petition struck out. Paragraph 9.1 is similar to paragraph 8.1 in the Jonas petition, which deals with the advertisement. They also seek an order that the Electoral Commission be struck from the petition.
Mr. St. Clair Simon has also filed an application in which he seeks to compel Mr. Spencer to provide "the details and any documents relating to meetings that he attended and or any representation of the UPP, with any Buildings or Utilities companies or other organizations, and any employers or workers representatives which relate to works carried out on a basketball court and road works in Five Islands between March 4 th and 12 th 2009 as referred to by the Petitioner". He has also filed an application in which he seeks a number of particulars from the Returning Officer and the Supervisor of Election. He has also sought an order for the filing and exchange of witness statements. During the hearing learned Senior Counsel Mr. Martineau informed the Court that the particulars were provided and that any additional information that was required would be provided to the Petitioner.
Mr. Arthur Nibbs' Petition
The next petition was filed by Mr. Nibbs.
Mr. Trevor Walker has filed an application in which he seeks to have paragraph 8.1, 8.2, 8.3, 8.4 and 8.5 of the Petition struck out. He also seeks to have paragraph 9.1, which deals with the ABS advertisement, struck out. Further, Mr. Walker says that the conduct attributed to him in paragraphs 8.2, 8.4 and 8.5 do not constitute an offence under section 29 of the Representation of People Act, and those paragraphs should be struck. Mr. Walker also...
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