St. John’s, Antigua : Senior registration officer with the Antigua & Barbuda Electoral Commission (ABEC) Karen Manwarren and senior administrative secretary to the supervisor of elections Eren Francis have both been awarded $20,000 in general damages.
Manwarren, Francis and other employees were, almost two years ago, seconded from ABEC and placed into the government service, allegedly on instructions of the Cabinet of Antigua & Barbuda.
Both women challenged their secondment, which they deemed to be unlawful and commenced legal proceedings against the Cabinet; Prime Minister Baldwin Spencer; former Chairman of ABEC, Ambassador Bruce Goodwin and the members of the Electoral Commission – Chairman Juno Samuel, Deputy Chairman Nathaniel “Paddy” James, Paula Lee, Glendina McKay, attorney E Ann Henry, Anthonyson King and David Kelsick.
The court was informed that each party had made disparate offers with Attorney General Justin Simon QC, who was representing the Cabinet, initially offering to pay both women $25,000 – an offer Patricia Simon-Forde was considering as well. Simon-Forde appeared for the ABEC commissioners.
Attorney for the prime minister and Goodwin, Sanjeev Datadin had reportedly proposed an offer of $10,000.
The applicants’ (Manwarren’s and Francis’) attorney Sir Gerald Watt QC told the court that he was asking for $40,000 on behalf of his clients. He said he had been seeking the maximum of $50,000.
Sir Gerald subsequently said that he was prepared to accept $35,000. The court was also informed that there was an offer on the table of $20,000.
High Court Judge Justice Thomas Astaphan asked the parties to arrive at a consensus and added that the offer made by the attorney general was not unreasonable.
“The applicants have not lost anything from a money point of view,” Justice Astaphan said. “On my reckoning, it would be less.”
Sir Gerald was concerned about the “deep suffering” and the manner in which his clients were treated.
“They (Manwarren and Francis) were treated extremely badly…” the attorney said before agreeing to accept the proposed $20,000, a consensus sum among the attorneys for the respondents.
Sir Gerald said that the women’s primary goal (of being reinstated to their substantive positions) had been achieved.
A consent order was drafted and agreed to by the parties and was approved and ordered by the court.
The order declared that the Electoral Commission acted unlawfully by seconding Manwarren and Francis to positions in the public service of the Government of Antigua & Barbuda with compliance of the Cabinet decision of November 23, 2010.
It was also stated in the consent order that both women are to be returned to their substantive positions at ABEC with effect from December 8, 2010.
The court ordered an order of certiorari quashing the secondment of the applicants from the Electoral Commission to positions in the public service of the Government of Antigua & Barbuda.
It was also agreed to in the consent order that there be an order prohibiting the commission “by itself, its servants and or agents or howsoever otherwise from removing the applicants from their substantive positions without just cause.”
Costs will be assessed in line with the Civil Procedure Rules (CPR) if not agreed within 14 days.
Dr David Dorsett, who appeared with Sir Gerald, while reading the consent order to the court had asked for interest on the damages which Justice Astaphan denied.
“I am not going to give that,” he said.
Meantime, the attorneys involved in the much controversial case came in for high praise from the judge.
Justice Astaphan commended the parties for their “phenomenally remarkable” approach to the matter and in arriving at an accord within 24 hours. This, the judge said shows professionalism.
“I commend the lawyers for their diligence and professionalism… in a matter that was pregnant with controversy.
“…You (the lawyers) were able to arrive at an amicable and reasonable conclusion,” Justice Astaphan said.
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