Baltimore swearing-in deferred to Friday amid election petition

The swearing-in of Randy Baltimore as the newly elected parliamentary representative for St. Philip’s North has been deferred to next Friday, following the filing of an election petition in the Eastern Caribbean Supreme Court challenging the outcome of last Monday’s by-election on the grounds that Baltimore was not legally qualified to contest the seat.

The petition was filed on March 20 by UPP Mobilisation Officer George Wehner who argues that Baltimore remained a public officer at the time of his nomination, rendering him ineligible to contest.

CLICK HERE TO READ PETITION DOCUMENTS

The petition claims correspondence from the Public Service Commission dated March 19, stated that Baltimore submitted a resignation letter intended to take effect on February 20, but that the resignation was found defective under Civil Service Regulation No. 28(1), which requires at least three months’ notice.

According to the filing, the Commission instead terminated Baltimore’s employment on March 9. Wehner contends that because Baltimore was allegedly still a public officer on Nomination Day, his inclusion on the ballot was unlawful and the declared result invalid.

The filing mirrors a similar lawsuit filed back in 2023 against United Progressive Party MP for St Mary’s South Kelvin “Shugy” Simon following the January 2023 general election, when the ABLP filed a petition claiming Simon was ineligible because he was still a civil servant at the time of his nomination.

Simon’s formal resignation to the Public Service Commission came eight days after his nomination whereas Baltimore’s resignation predated his nomination by five days, but the petition alleges it was still procedurally void as regulations required three months’ notice.

That case was ultimately dismissed by the High Court, as Simon had resigned as MP before the matter was fully heard, rendering it moot.

Prime Minister Gaston Browne, speaking on his Browne and Browne Show on Saturday, confirmed the deferral but dismissed the petition outright.

“It is a frivolous litigation and that is going nowhere,” Browne said, urging the public not to pay attention to it.

Senior Counsel Anthony Astaphan, who has represented the government in numerous constitutional matters before the court, also characterised the petition as frivolous and vexatious.

Astaphan said his pre-nomination position had been that whether a public servant’s resignation was accepted rested with the employer, not any external body, though he declined to elaborate further on the legal response being prepared.

Baltimore, a former customs officer with nearly 30 years of service, won the March 16 by-election with 924 votes, approximately 69% of ballots cast, defeating United Progressive Party candidate Alex Browne who received 407 votes.

He won all seven ballot boxes, recording his widest margins in Willikies and Newfield.

The by-election was triggered by the resignation and retirement of Sir Robin Yearwood on February 18, the 50th anniversary of his first election to the seat.

Until his departure, Sir Robin held the distinction of being the longest-serving legislator in the Caribbean and the Commonwealth, having been returned to Parliament by the voters of St. Philip’s North on 11 consecutive occasions.

Browne said Baltimore’s swearing-in will proceed on Friday as scheduled.