Eastern Caribbean Supreme Court Publishes Reasoning for George Kirnon Verdict

The Eastern Caribbean Supreme Court published its reasons for striking down a decision that would have prevented the nomination of attorney George Kirnon for the October general election.

The court in their decision, published on Wednesday stated that the high court judge, who dismissed Mr. Kirnon’s appeal, erred and misdirected himself in law when he misconstrued the relief sought.

In other words he was asking the court to mandate the Returning Officer to register him as a candidate for elections and to include him on the ballot paper.

Further, that he wants the court to order that a different decision be made by the returning officer, when no such relief was requested by the appellant.

According to the Appeals Court, the judge further erred in law and misdirected himself when he wrongly assumed that Mr. Kirnon was asking the court to substitute its decision for that of the returning officer, and therefore went on to render a decision which was premised on a wrong assumption.

The judge also erred by not appreciating that the court was only being asked to declare that the decision of the returning officer was procedurally unfair, thereby placing the onus on the returning officer to resort to the procedure which the Election Commission had established.

The court also mentioned the respondents failure to follow the legal procedure which the election commission had established for all candidates and undertaken to follow in the event of an objection to the nomination of any candidate