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prior to the scheduled October 10, 2017 Elections or, stated in the
alternative, by resigning from the position of Managing Director of the
Forestry Development Authority on March 9, 2017, barely six (6) days after
the Code was declared by the Supreme Court as law of the land, constituted
an egregious violation of the Code as to warrant the imposition of the penalty
of disqualification from seeking elective public office in the ensuing October
10, 2017 Elections.
We hold that under the criteria elaborated upon by this Court in the
Polson case, the violation was not of an egregious nature and hence did not
warrant disbarment from contesting the position of the vice presidency in the
ensuing 2017 Elections, and that a lesser penalty stipulated in the Code
should have been imposed by the Respondent National Elections Commission. Our conclusion is predicated upon a number of factors, including the
sequence of events shown in the records certified to this Court, and which we
state herein below.
The records show that on July 6, 2017, Co-appellant Harrison S.
Karnwea, Sr. along with Co-appellant Liberty Party, filed with the National
Elections Commission an Application seeking approval and certification by
the Commission to allow Co-appellant Karnwea to contest the 2017 Elections
as a vice presidential candidate to Charles Walker Brumskine on the ticket of
the Liberty Party. The Application was accompanied by a Letter of Intent, a
Candidate Nomination Printout, Candidate Endorsement Form, a Nomination
Application Checklist wherein answers were provided to a number of
questions contained therein, a Declaration of Aspirant to Abide by the
Political Parties Code of Conduct document signed by the Aspirant, and An
Aspirant Questionnaire to Establish Residency, Domicile and Compliance with
Code of Conduct for Public Officials, amongst others. On the latter Form, Coappellant Karnwea was asked if he had held any appointed government
position, to which he answered in the affirmative. He was also asked on the
form for the position he had held and the period of his service at the
institution. To this question he answered that he served as Managing Director
of the Forestry Development Authority for the period September 7, 2012 to
March 9, 2017. He gave as the reason for his resignation from the said position that he was returning to the private sector to manage his rubber farm.