“Where by an enactment a period of time prescribed for the doing of anything does
not exceed six days Sundays and public holidays shall not be included in the
computation of the time.”
[40]
In the case at bar, the undisputed evidence is that the petitions were presented on March
23rd 2009. They were supposed to have been presented within 7 days of the return –
section 45(1). Accordingly, section 44(5) of the Interpretation Act does not apply. The
seven day period expired on Friday March 20th 2009. The petitions were presented out of
time, on March 23rd 2009.
[41]
Mr. Mendes SC advocated that there was no basis to exclude the 14th of March 2009 from
the period of computation. In support of his proposition, he referred the Court to Re
Monger ExParte Atanasoska (2003) WASC 113. The petition brought by Mr. Greene was
to be served within five days of the date on which the petition was presented – section
47(3). Accordingly, section 44(5) of the Interpretation Act applied and Sundays and public
holidays were to be excluded in calculating the five days period. The petition was
presented on March 23th 2009. The five day period accordingly expired on Saturday 28th
March 2009. The petition was not served until April 6th 2009. It was served out of time.
[42]
Accordingly, Mr. Mendes SC advocated that both of the petitions ought to be struck out.
[43]
Court’s analysis and conclusions
The Court has given deliberate consideration to the submissions of all learned Counsel
and has perused the petitions and affidavits. Having reviewed the petitions, affidavits and
the submissions, it is clear that there are some matters that are not in dispute, namely: that
elections were held in Antigua and Barbuda on the 12th March 2009 and that Ms. Lorna
Simon was the Supervisor of Elections. The petitions that questioned the results were filed
on the 23rd March 2009. The Court accepts as undisputed that Mr. Daven Joseph’s petition
was served on Mr. Codrington on the 26th March 2009. The Paul Chet Greene Petition was
served on Mr. Eleston Adams on April 6th 2009. There is no allegation of corruption or
fraud in either of the petitions. It is also agreed that the time stipulated for doing any act
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