Before:
The Hon. Mr. Hugh A. Rawlins
The Hon. Mde. Ola Mae Edwards
The Hon. Mde. Janice George-Creque
Chief Justice
Justice of Appeal
Justice of Appeal
Appearances:
Mr. Douglas Mendes, SC, with him Mr. Kendrickson Kentish, Mr. Michael A.A.
Quamina and Mr. Chaku Symister for the Appellant in Civil Appeal No. 18 of 2010
Mr. Russell Martineau, SC, him Ms. E. Patricia Simon-Forde for the Appellants in
Civil Appeals Nos. 19 and 20 of 2010
Mr. James Guthrie, QC, and Mr. Anthony Astaphan, SC, with them Ms. Rika Bird
and Ms. Samantha Marshall for the Respondents in Civil Appeals Nos. 18, 19 and
20 of 2010
--------------------------------------------2010: July 1 and 2;
October 27.
---------------------------------------------Election Petitions – Whether the trial judge erred in holding that late voting was properly
pleaded – Whether the trial judge erred in finding, as a matter of fact, that there was no
late voting by persons who joined the lines after the statutory closing time in one
constituency - Whether the trial judge erred in holding that voting after the statutory closing
time by persons who were in the lines at that closing time did not breach electoral law Whether the judge erred in holding that the late opening of the polls breached electoral law
- Whether the judge erred when she held that late opening of the polls did not result in
substantial non-compliance with electoral law – Whether the judge erred in declaring the
results of the elections in the contested constituencies invalid – Sections 24 and 32(4) of
the Representation of the People (Amendment) Act, No. 17 of 2001 of the Laws of Antigua
and Barbuda – Rule 1(7), 26(1), 36 and 40 of the Election Rules, No. 11 of 2002 of the
Laws of Antigua and Barbuda
General Elections to elect members of Parliament for Antigua and Barbuda were held on
12th March 2009. Subsequently, election petitions were instituted by the 3 respondents in
these appeals. They challenged the validity of the election of the 3 appellants in the
constituencies in which they (the appellants) were returned as the elected members.
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