Court round up 2008 - Some resolved, many reserved
December 28, 2008
DESPITE THE huge backlog of cases, the courts disposed of many interesting cases during the year and judgements have been reserved in some cases for which the public is anxiously awaiting the results.
Dabdoub vs Vaz
One of the cases which generated great public interest during 2008 was the dual citizenship case which People's National Party candidate Abe Dabdoub brought against Jamaica Labour Party Member of Parliament Daryl Vaz.
Dabdoub contended in the election petition that Vaz was an American citizen, and had an American passport on which he travelled even after he was elected Member of Parliament (MP) for West Portland. Dabdoub said, by virtue of Vaz being an American citizen, he was not eligible to be a MP because that was in breach of the Jamaican Constitution. Vaz was declared winner in the general elections in September last year.
Dabdoub had sought to be returned as the duly elected MP, but the chief justice ousted Vaz from Parliament and ordered a by election in the constituency.
Dabdoub is contending that the chief justice erred in her ruling and has taken the issue to the Court of Appeal.
Legal submissions were made in the appeal and the Court of Appeal is to give its decision early next year. Vaz remains MP as the court has given him a stay of execution pending the outcome of the appeal. He renounced his American citizenship following the chief justice's ruling in April.
President of the Court of Appeal Mr Justice Seymour Panton, Mr Justice Algernon Smith and Mr Justice Karl Harrison heard the appeal.
Chief Justice Zaila McCalla heard the matter and in May ruled that although Vaz inherited American citizenship through his mother who was an American citizen, Vaz had obtained a passport and travelled on it.
Vaz also appealed against the chief justice's ruling contending that he did not obtain his American citizenship by his own act, but through his mother who was an American....
Author: Barbara Gayle
Source: Jamaica Gleaner
