Case Against Kelvin Shugy Simon May Not be Withdrawn Even After His Resignation

By Aabigayle McIntosh

Lawyers representing St Mary’s South MP Kelvin “Shugy” Simon may not be able to avoid the expected lengthy court battle challenging his ineligibility to hold office as he was allegedly a civil servant at the time of his nomination.

This is based on indications from the government who are hinting that Aaron Simon, who brought the matter to court, may not withdraw the case despite attempts by the opposition MP to resign from the post.

Simon resigned last week indicating that he was seeking to avoid a lengthy court process that could drag on for months and the uncertainty was unfair to his constituents.

However, Speaker of the House Sir Gerald Watt KC in his response to the letter stated that it has no legal effect as it did not meet the established criteria outlined in the Constitution of Antigua and Barbuda.

The matter was discussed briefly during this week’s Cabinet press briefing. During the press conference on Thursday Prime Minister’s Chief of Staff, Lionel Hurst stated that it may be left to the courts as he believes that’s where the matter is heading and the process will be long.

“Simon himself has indicated that he will appeal any decision that goes against him and Mr. Aaron who brought the case has made similar statements and that will take quite a few months”, Hurst said

The St Mary’s South MP meanwhile submitted a letter to the Speaker of the House on Wednesday requesting that reconsider his refusal to accept the resignation.

He explained in the missive that he was advised that his original letter of resignation was in order and took effect upon receipt by the Speaker of the House.

The opposition MP stated he believes that section 41 (1) (e) of the Constitution that Sir Gerald previously cited in claiming the proper procedure was not followed does not apply.

“You Sir are imposing upon me a political requirement to resign and withdraw my allegiance from the United Progressive Party which, with respect, is not a requirement under Section 125”.

“Accordingly, Sir, I am advised that I have acted lawfully and fulfilled the requirements of section 125 and I request that you reconsider your position of refusing to accept my resignation,” the letter read.

It is unclear what will be the way forward and whether a by-election will take place. However, Simon has already expressed confidence he will be successful once again.