Election Court Rejects Kelvin Simon’s Application To Dismiss Petition And Hears Arguments On Injunction


The Election Court convened in the matter of Casworth Aaron and Mr Kelvin “Shugy” Simon.

This matter arises from the initial challenge that arose on the 28th December 2022 when the law offices of Marshall &  Co., acting on the instructions of their client, Mr Aaron, challenged the eligibility of Mr Kelvin Simon to be nominated as they claimed he was a civil servant at the time of his nomination which they have asserted is in contravention of section 10(1) of the Civil Service Act and section 39(1)(g) of the Constitution Order of Antigua and Barbuda.

Within seven (7) days after the general elections were held, Marshall & Co. filed a petition within the Courts.

At a hearing held on 31st January 2023, all preliminary applications were set to be heard on 9th February 2023.

Lawyers for Simon were the first to proceed with an application to dismiss the Petitioner’s Petition.

The Court heard arguments from both sides and ruled that the Application would be dismissed with costs agreed at $1,000.00 to the Petitioner.

The Court then proceeded to hear the Petitioner’s Applications. The first Application relates to an injunction to prevent the ineligible Respondent from taking his oath and seat in Parliament pending the determination of the matter.

Arguments were heard from both sides, and the Court reserved its judgment.

Although no date has been given for the judgment, it is highly anticipated this will be before 17th February 2023 when all Parliamentarians are expected to be sworn in.

The other application relates to a subpoena for a Public Officer who can speak to the status of employment of Simon as at the date of nomination, 28th December 2022.

The court will also give directions to Counsel on the hearing of the Petition.

Mr Casworth Aaron, the Petitioner, is represented by Mr Hugh Marshall Jr and Mrs Andrea Smithen-Henry, both of Marshall & Co., and Mr Kelvin “Shugy” Simon is represented by Mr Kendrickson Kentish of Lake & Kentish, Mr Harold Lovell, Mr Charlesworth Tabor, Mr Chaku Symister and Ms Sherrie-Ann Bradshaw.

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  1. I’m hoping by now that Asot paid the young Band that played for him at his event . I also hope that he will reimburse the young man for his Key Board that fell off the Truck when the driver fast .


    You allowed King Lyadd Lovell Limpy Joe to clown 🤡 you. Not even the legendary Chaku Waku could’ve beat some sense into your big head??? What about the Privy Council LOSER that flew all the way to England to make a fool of himself and the Barbudans??? Not even Tabor could pound some sense into you???

  3. Shugy,have no fear. You would be sworn in on the same day as the rest of your colleagues. If those on the Red Side want a redo. Bring it on,for this time around. She would be beaten into a pulp once and for all. The former representative has been lazy for the past 9 years. She has done absolutely nothing for that Constituency. She wants power to continue those enrichment schemes. The people of that Constituency,St Mary’s South did say hell no on January 18,2023.

    • @ BLACK-MAN – A redo? Boss you not following things, this is about nullifying his illegal participation. If the lawyers are successful, there would be no redo, and S. Marshall would be judged the winner since Simon did not meet the qualification requirement. Blame the UPP legal team for this cockup (not ensuring he properly resigned before nomination). They really need to fire Tabor as a lawyer because he too often shows he is not properly trained.

      • Tenman, you would want Samantha to go through the back window when she was kicked out the front door. The constituents rejected her. If there is deemed to be an issue with a candidate, there is always a by election. Why didn’t his employer fire him if he was participating illegally? This is not a doping scandal or breaking of any laws. The civil service cannot make laws. You should read the constitution where it states who is qualified to be elected. Why you labour people always pushing your own agenda? Wait for the courts decisions. Civil servants in other Caribbean countries have been elected to parliament and all they did was resign after elected.

    • I was hoping for a redo cause this time she will be beaten by a thousand votes. She’s fighting for a pay Cheque not for her to represent the peoples interest.

      She a one selfish goon, we will March against her the day that judge gets paid to side with her!!

  4. I couldn’t understand why Ms Bradshaw sounded so arrogant & prejudice towards ABLP during her commentary at ABS on the election results. To me she also sound as if there was a hate towards Gaston Browne. Clearly the goose has come to roast. It seems as though her emotions were got the best of her bcuz of her feelings that she has for UPP.

  5. I just think that this action would likely do more harm than good eventually. In the unlikely event that an election rerun have to take place, the election challenger would likely lose by a far greater margin.

    • @Audley Phillip… I’ve read your writings and while you seem to have good intentions, your analysis most times is way off the mark. In this particular case, it’s not a matter of a bi-election being called if Shugy loses the claim against him. If the Court rules that he was not properly nominated, there will be no instance of a “rerun” as you put it. In actual fact, the votes cast for him will be invalidated since his nomination is unlawful, and it therefore means that the person with the highest number of VALID votes wins the seat.

      Let what I’ve said marinate for a bit.

      • @Wash..Hard for Audlley to see things that’s painful. This may explain why in 2009 he publicly claims a the beauty queen he resided with defrauded him of some 20K. She claims she had to run from him (kind of like those refugees running from Cameroon ).

        • @tellhim 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 you mean she clowned him out of $20,000.00??? Maybe that messed him up. 🤔 His head just not the same these days. LMAO @ “kind of like those refugees running from Cameroon ).” 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣

          That beauty queen must be real clever or he feel shame for treating her like the Queen she is and then she moved on to a real king.

          • WASN AN BABIN. your comments are on point. If I was Simon, I would never take the chance to be nominated while I am still a civil servant. Every candidate who get nominated to take part in Antigua Election, do so with the intention if elected, to be a member of parliament and that is why I would resign before I get nominated

        • He’s was too controlling and couldn’t manage bedroom work.
          He thinks he’s young and can’t get it up 😂 poor guy.

      • Are you labour people trying to influence the court? Stop posting your nonsense and let the court decide. You want to disenfranchise more than half the people who voted? The constituents will never accept this.

    • @Audley why are you chatting nonsense about doing harm?? This is an important legal question that needs to be answered – for the sake of clarity and respecting the LAW. All previous civil servants RESIGNED before being nominated, so why should Shugy or anyone else think that they can pull the wool over the eyes of the people???

      My goodness you’re making yourself look bad. Trust it’s not a early warning sign of you losing your marbles.

    • There is a lesson to to be learned from this case. A precedent would be set for future issues such as this. No court has ever defined the civil service act since it has never been challenged. Regardless of the outcome, the decision will be helpful for the history books

    • @Audley .. I really wonder what world you live in, the lawyers not arguing for a redo, but a nullification of sugy’s participation. If you know anything about sports you would know that does not result in a do-over.

      • The lawyers can argue what they want but who said the law is an ass?. if there is a by-election, can Shugy run? Why would Samantha want the seat so badly when she was rejected by the people? Why doesn’t she just go join her law firm and work for her money for a change?

  6. @black-man

    Do you live in our constituency????

    She has done more than brother B and wat shuggy would/will, since election who see shuggy????

    Y’all come on here and chat like fools and have not the slightest clue of what’s goin on.

    The Honorable Samantha Nicole Marshall!!

    Mek umm sink innnn!

    • @ Nah nah black sheep

      its obvious you are an ablp minion. what has she done for the people of st marys south but just bring a set of degenerates and ablp thugs, including mary clare hurst to mash up the upp business pull up during the campaign, and in true deceptive labour party style offering congratulations to shuggy knowing dam well that she was planning behind his back TO CONTEST THE BLOW OUT THAT SHE GOT FROM THE YOUNG MAN.
      But Johnson’s Point, Crabbe Hill, Urlings people DO NOT WANT HER THERE.

  7. @Black Goat:That is a matter for you to find out.Where I am living is well secured with fire power.I do know how to use them even with my eyes closed.So bring it on.There was a man whom it is alledged left Antigua disguised as a woman.Why did he do that? Is it true that person was involve with the misappropriation of Government monies.Then he came back from England and ran on the Labor Party Political Ticket for Public Office.Do you know to whom that man is related.

  8. this bearded weak wobbly legged shirtless carnival boy has a whole tribe of “lawyers” representing him to no avail.

  9. Last interview he did he complained constantly about people asking him for money. Must be feeling regret. Welcome to the real world shugs.

    P.S. -what about the man who left his wife because she gained weight after having HIS baby? He weak, narcissistic, selfish and fulla fart!

  10. They say as brilliant as a lawyer them three do not add up to one ! Shugie if you depend on them 3 , crappo smoke you pipe is the people have to save you because with a rerun The Queen of the knows she has it in the bag .

    • @Zacari, all sides knew the rules from get go, don’t blame ABLP for UPP unforced errors. Recall even recently Sugy argued the case would go nowhere. The decision rejecting his request to dismiss the petition shows he is wrong. It reminds of his reignition letter written this year that ‘s wrongly dated 2022

  11. “The judge will make a decision before the swearing ceremony “seems like if the decision is already made in favour of Marshall.

    That’s why they took so long to announce the date for the ceremony . They are trying to get another seat by any means necessary.
    She is rejected the people don’t want her

  12. As there were 3 Candidates in this constituency if the election petition is successful there would have to be a bye election as the third place candidate could also have been “impacted” by any invalid nomination.

    • “Commentator” are you being “mentored” by Charles Tabor? The winner or seat would go to the candidate with the next highest votes.

  13. @Really .

    Don’t know Mr Tabor .

    It was an election not a sporting event.
    So the legal assessment would be different.
    Once there is deemed to be a flaw in the process,
    In this case if Mr Simon’s nomination was invalid and that he won ,
    The election in that constituency could be deemed null and void
    and would have to be redone as a bye election.
    It is common practice . In this case more likely as it was not just a 2 candidate race.
    Check Jamaican politics with dual nationality winners being challenged .

    Question in the case of a Bye-Election :

    Would any Bye-Election be open to anyone other than the 3 candidates nominated for the constituency at the General Election ?

  14. One can’t read, Franz can’t spell, they want run the country, and them dunce at hell 😂😂😂😂😂😂😂😂

  15. If Mr. Simon needs to answer to the court, then so does Mr. Turner. What go for the goose must go for the gander too. Y’all too one sided in this country. EVERYONE must be held accountable. EVERYONE

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