Reform candidate allowed to stand for Deputy in St. Lawrence

Thursday 26 April 2018

A Reform Jersey candidate has been allowed to stand for Deputy in St. Lawrence by the Royal Court after it emerged that her nomination form hadn't been filled in properly.

Sarah Westwater appeared in Royal Court this morning after being referred to the Attorney General regarding her nomination paper.

Solicitor General, Mark Temple, explained that before the proposer and nine seconders sign the nomination form, the candidate must complete a declaration of the registered political party by which he or she is endorsed. That declaration also needs to be signed off by two registered officeholders of the political party. 

However, the Law Officers' Department was contacted on 19 April to indicate that Ms Westwater's nomination form did not comply with that procedure. The Solicitor General said that after Ms Westwater's seconders were contacted, it emerged three of them didn't know she had been endorsed by Reform Jersey.

One of them said he was still happy to second her knowing she was a Reform candidate. The other two, however, said they would have withdrawn their signatures had they known.

Pictured: Deputy Sam Mézec admitted it had been a mistake to sign Ms Westwater's form on nomination night.

Deputy Sam Mézec admitted he had only signed the form on nomination night, 11 April, due to the run-up to it being a "very stressful situation that causes anxiety." "It was a mistake to have signed it on the day," he said. "I should have signed it earlier. It was an honest mistake that I can assure you I won't make again."

The Solicitor General urged the Court not decline its ability to allow Ms Westwater to stand for election as it was a "clear, accepted breach." "The Court has power to excuse the errors," he said. "But it should not. The requirements set in law are there for a reason. The proposer and seconders should know that a candidate is endorsed by a party."

Sarah Westwater told Court: "It was an oversight on my part in my enthusiasm to get the ball rolling and get signatures. I did not make it clear I was a Reform candidate. At no point I have tried to deceive anyone. This does not mean I am not an independent person."

She said she had regrets about not complying with the law, of which she welcomed a review, adding that she took the election process very seriously. She said: "Although the letter of the law was not followed the spirit of the law was. No one was misled."

Royal Court Commissioner Julian Clyde-Smith, who was sitting with Jurats Paul Nicolle and Anthony Olsen, heard that the other two candidates in St. Lawrence, Gregory Guida and Kirsten Morel, welcomed Ms Westwater to remain a candidate. Mr Morel said an election was definitely preferable, but highlighted that there were "technical breaches", as two officers were required to sign the form, stating that he appreciated the "Court's difficult position."

The Solicitor General said it was clear the law had not been followed and declared Ms Westwater invalid as a candidate. The Court however concluded: "We believe Sarah Wastewater was duly proposed and seconded. The nomination is valid. She is therefore a candidate."

Following the hearing, Reform Jersey said in a statement: "We are pleased that the Royal Court has firmly ruled in our favour and stated that Sarah Westwater's candicacy was valid and legal. The election will continue as planned.

"Sarah is looking forward to continuing the campaign and engaging with voters in St. Lawrence about the important issues that affect the Parish and the island."

Pictured: St. Lawrence Constable, Deirdre Mezbourian, said it was good for democracy that the election was able to go ahead.

St. Lawrence Constable, Deirdre Mezbourian, said she was pleased the Court had allowed the decision on the candidacy to be made by the electorate. "Notwithstanding that they have made their decision, we are waiting for the written judgment. I am sure many people will be looking forward to reading how they came to their decision.

"It's good for democracy that this election is going ahead. Of course we have heard that the other two candidates wished it to go ahead if it was at all possible. I think the outcome is a positive for St. Lawrence and for the three candidates themselves."

Last week, Reform's candidate for St. Brelade Constable, Marilyn Carré, withdrew from running after being threatened with a Royal Court hearing over allegations that her nominators may not have been aware that she was endorsed by Reform Jersey – a claim the party denied.