Court to rule on election today

Antigua (CMC):

Attorney General Justin Simon says there will be no constitutional crisis in Antigua and Barbuda if the Eastern Caribbean Court of Appeal rules against the three elected members of the Baldwin Spencer government in an election petition filed by the opposition Antigua Labour Party (ALP).

The court is expected to hand down its judgment today in St Lucia.

In declaring the March 12, 2009 election of Prime Minister Baldwin Spencer, Tourism Minister John Maginey and Education Minister Jacqui Quinn-Leandro as invalid, Justice Louise Blenman based her ruling on polling day irregularities; particularly the long delays before voting began in the constituencies of St John's Rural West, St John's Rural North and St George.

Brakes on judgment

However, the ruling United Progressive Party (UPP) appealed the ruling, effectively putting the brakes on the judgment and allowing Spencer and his two ministers to continue in office and as members of parliament for their respective constituencies.

If the High Court upholds the lower court ruling, then the main opposition ALP will control seven of the 14 seats in Parliament, while the UPP six seats and the Barbuda People's Movement the other seat.

In an address to the nation, the attorney general reminded citizens that everyone must observe the rule of law "at all times, good times or bad times".

He said that if the Court of Appeal upholds the appeal filed by the prime minister and the other two Cabinet ministers then the government would remain fully intact.

Claims rejected

The attorney general said that Section 52 of the Representation of the People Act provides that at the conclusion of the trial of an election petition, the election court, which was the High Court presided over by Justice Blenman, shall certify in writing its decision to the Speaker of the House of Representatives along with a report, where necessary, of corrupt or illegal practices which may have occurred at the election.

"The court rejected all claims and allegations made against the UPP candidates in respect of all fraud, corrupt and illegal practices," he said, adding that "section further states that the House of Representatives ... shall order the certificate and report (if any) to be entered in the report of the House and shall give the necessary direction for confirming or altering the return, or for the issue of a writ for a new election, or for carrying the determination into execution, as the circumstances may require".