The United Progressive Party vows to press forward with its election petition challenging the parliamentary qualification of St Philip’s North representative Randy Baltimore, after the High Court on Thursday denied an application for an injunction that would have prevented him from being sworn in.

Attorney-at-law and Deputy Political Leader of the UPP Sherfield Bowen, who represented his party’s mobilisation officer George Wehner in the proceedings, said the denial of the injunction does not resolve the substantive question of whether Baltimore was legally eligible to contest the March 16 by-election.

(L-R) George Wehner, UPP caretaker for St. Peter and Randy Baltimore, MP-elect for St. Philip’s North

The matter is now set to be heard on an expedited basis, with the next court date scheduled for April 13 and a full determination expected before April 27.

“The case against Randy Baltimore is not over, and it is far from a victory,” Bowen said. “Some victories come at the end of the battle, some come at the end of the war, so we continue.”

The petition centres on whether Baltimore was a public officer at the time of his nomination on February 25.

The Constitution of Antigua and Barbuda disqualifies public officers from sitting in Parliament, and Bowen argued that the test for qualification is applied as at nomination day.

Baltimore had tendered a resignation on February 18, stating it was to take effect on February 19, six days before nominations closed.

However, Bowen said public service regulations require 90 days notice for a resignation to be valid.

The Public Service Commission met on March 9, more than two weeks after nomination day, and found that the resignation contained issues.

The commission proceeded to terminate Baltimore’s services, though the communiqué issued to Wehner’s legal team did not specify a retroactive effective date of February 19.

Bowen said it was only through documents filed by Baltimore’s attorneys, sourced from the Establishment Division that the February 19 date was first asserted.

He drew a clear distinction between that body and the Public Service Commission, which he said is the only constitutional authority empowered to appoint, terminate, or discipline public officers.

“The government body cannot appoint or disappoint any public officer,” Bowen said. “The public service commission is the only authority.”

That discrepancy in the claimed effective date of termination was central to Thursday’s ruling.

The court, faced with unresolved evidentiary questions, declined to block the swearing-in and directed that the matter proceed to a full hearing.

The Antigua and Barbuda Labour Party (ABLP) welcomed the outcome.

ABLP Vice-chairman and attorney-at-law Samantha Marshall, who led the legal team representing Baltimore, said the ruling ensured the constituency retained parliamentary representation while the petition is determined.

Attorney Samantha Marshall, ABLP Vice Chairman (photo by Samantha Marshall)

“I am indeed happy that the Court has looked at the weight of the application and determined that until the matter is finally determined the people of St. Phillip’s North must certainly have a voice in the Parliament,” Marshall said.

The ABLP noted that Baltimore secured 924 votes — 69.4 percent of ballots cast — against UPP candidate Alex Browne’s 407 in the March 16 by-election, which was triggered by the resignation of long-serving MP Sir Robin Yearwood.

The petition will ask the court to find that on February 25, when Baltimore presented himself for nomination, he remained a public servant, as the Public Service Commission had not met to act on his resignation until March 9.