The Court of Appeal has ruled in favour of George Kirnon, allowing him to rejoin the United Alliance as a candidate for the upcoming general election in Montserrat.
The court’s decision overturned the initial determination made by the returning officer, who invalidated Kirnon’s nomination on the grounds that he did not meet constitutional requirements.
The officer stated that, having spent only 94 days on the island in the past five years, Kirnon fell short of the minimum 12-month residency requirement for prospective candidates.
Last week, Kirnon took the matter to the Montserrat High Court, seeking to have the returning officer’s decision set aside.
He argued that the conclusion was not fairly reached because he had not been given an opportunity to respond.
However, on 15 October, Justice Brian Cottle denied his request, stating that the court lacked the authority to substitute its decision for that of the returning officer.
The acting high court judge also remarked that it was not unfair for the officer to arrive at her decision without first allowing Kirnon to make representations.
Less than a week later, on 21 October, Kirnon represented himself before Justices of Appeal Trevor Ward and Eddy Ventose, along with Acting Justice of Appeal Gerard Farara.
Renee Morgan appeared in the Court of Appeal on behalf of the respondents – the attorney general and the supervisor of elections
In a written ‘certificate of result of appeal’ delivered the same day, the court said that the returning officer had “exceeded her jurisdiction” when she invalidated Kirnon’s nomination paper.
The court made no order regarding costs.
