from applying CPR 2000 in the computation of the time within which the petitions ought to
be presented.
[25]
Alternatively, Mr. Marshall Jr. argued that in the absence of the Civil Procedure Rules 2000
and applying the provisions of the Interpretation Act Laws of Antigua and Barbuda, section
3 thereof, the first day to be counted for filing of the petition would be the 15th March, 2009
if we accept the date of the return being 13th, despite being a public holiday. Section 45 of
the Representation of the Peoples Act states “7 days after the return has been made”.
[26]
By reason of section 44(2) of the Interpretation Act, the day on which it is reckoned from is
not counted in the computation. Thus, the 14th March, 2009 is excluded from the
computation of the 7 days. The first day of computation would be the 15th March, 2009 or
at best the 16th March 2009 taking account of the public holiday. By reason of the Act, the
first day for filing would have been the 21st or 22nd of March, 2009 as the case may be
which was Saturday or Sunday respectively, when the Registry was closed.
[27]
Learned Counsel Mr. Marshall Jr. therefore advocated that based on the totality of
circumstances, both petitions were presented within the prescribed time and should not be
struck out.
[28]
Mr. Russell Martineau SC submissions
Learned Senior Counsel Mr. Martineau stated that the return was made on March 13th
2009. The petition was filed and presented on March 23rd 2009, that is to say, more than 7
days after the return was made. Section 45(1) of the Representation of People Act Cap
379 so far as material provides that an election petition shall be presented within 7 days
after the return has been made in respect of the candidate to whose election the petition
relates. He asked the Court to accept the unchallenged evidence of Ms. Lorna Simon, the
Supervisor of Elections.
[29]
Mr. Martineau SC maintained that the petitions were not presented in accordance with
section 45(1) of the Representation of People Act and should be struck out. A petition
11