Phyllis Mitchell files appeal against Supreme Court ruling
November 21, 2007
THE People's National Party's (PNP) Phyllis Mitchell, who made an unsuccessful bid for the North East St Catherine seat in the September 3 polls, on Monday filed an appeal against a Supreme Court ruling earlier this month dismissing her election petition against the Jamaica Labour Party's (JLP) Gregory Mair.
Mitchell had last month filed the election petition, alleging that Mair has dual citizenship, which voided his nomination for representational office.
She is seeking, through the petition, a declaration from the court that she is the duly nominated candidate for the constituency, which would nullify Mair's victory at the polls.
But Mair successfully filed a motion dismissing the petition on the grounds that he was improperly served notice of Mitchell's action while sitting in the chambers of Parliament.
Mitchell was, however, granted leave to appeal the decision by Justice Marva McIntosh.
According to Section 40 (2) (a) of the Jamaican constitution, "no person shall be qualified to be appointed as a senator or elected as a member of the House of Representatives who is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state".
Author: Observer Reporter
Source: Jamaica Observer
