St. John’s, Antigua : Electoral Commission chiefs have made a dramatic u-turn by reinstating two staff controversially removed from the body more than two years ago.
Former senior registration officer Karen Manwarren and administrative secretary Eren Francis filed legal action in March against the country’s Cabinet – including Prime Minister Baldwin Spencer – in a case which made headlines.
The women were among four ex-workers who insisted they’d been unlawfully seconded from the Commission (ABEC) in April 2010 and placed instead in government service. Their transfer followed a decree from Cabinet which came with immediate effect.
The matter had been set for trial yesterday. However, in an 11th hour about-face, the Electoral Commission agreed to return them to their former positions.
The lawsuit was filed against former chairman of ABEC, Ambassador Bruce Goodwin, Prime Minister Spencer and Commission members, chairman Juno Samuel, deputy chairman Nathaniel “Paddy” James, Anthonyson King, Glendina McKay, attorney E Ann Henry, David Kelsick and Paula Lee.
Despite the decision to reinstate them, both women want the court to make a formal order. Their attorney Sir Gerald Watt QC claims they will not be returned to their substantive posts without an order of the court because, he says, the chairman does not adhere to the Representation of the People Amendment Act.
ABEC’s attorney Patricia Simon-Forde told the court that Manwarren and Francis received letters dated August 20, 2012 requesting their return to ABEC, having been reinstated to their substantive positions effect Monday, August 27.
Attorney General Justin Simon, representing the Cabinet, and Sanjeev Datadin withdrew the legal submissions they made in relation to the secondment issue.
Simon said he supports and endorses the commission’s decision.
Sir Gerald asked the court to make an order that all the parties would agree on.
“We had asked for certain remedies and want the court to make an order. We want an order that will be obeyed. Past evidence has disclosed that Samuel and Goodwin do not adhere to the Representation of the People Act.
“These people (Manwarren and Francis) will not be returned without an order of the court. It would be exceedingly difficult,” Sir Gerald said.
Datadin, however, was not in full agreement with a consent order as he was concerned that his clients (the prime minister and Goodwin) would be deemed to be admitting guilt in relation to both women being removed from their substantive posts.
Datadin argued that the women’s re-appointment resolves the issue of the alleged illegal secondment.
High Court Judge Justice Thomas Astaphan disagreed, noting the commission in its letter reappointing the women did not admit that its actions were wrong in law and this question still needed to be answered.
Justice Astaphan ordered the women’s reappointment be retroactive from the time that they were removed from office.
The judge said neither the prime minister nor Goodwin would be admitting to personal liability in the matter, because if or when they vacate their office, the liability still rests with the office.
