Mitchell's election petition set for May 18
February 17, 2009
The election petition which People's National Party candidate and caretaker for St Catherine North Eastern, Phyllis Mitchell, has brought against Member of Parliament (MP) Gregory Mair has been set for hearing on May 18 in the Supreme Court.
The date was set yesterday when the parties appeared before Senior Puisne Judge Marva McIntosh in chambers. The hearing is expected to last for five days.
Mitchell filed an election petition shortly after the general election on September 3, 2007, contending that Mair had dual citizenship. Mitchell said in court documents that Mair was a Venezuelan national and was not entitled in law to be an MP.
Not properly served
Mair challenged the petition on the grounds that he had not been served in accordance with the Election Petitions Act.
McIntosh found that he had not been properly served by registered mail.
Mitchell appealed and the Court of Appeal found that Mair had been properly served and sent back the election petition to the Supreme Court for a hearing.
There are three other election petitions pending in the Supreme Court, two of which involve dual citizenship.
The Court of Appeal is expected to hand down its decision this month in the dual-citizenship case, which People's National Party candidate Abe Dabdoub has brought against Member of Parliament Daryl Vaz.
Chief Justice Zaila McCalla ordered a by-election, but Dabdoub has appealed, saying he should be returned as the duly elected member of parliament.
Author: Gleaner Reporter
Source: Jamaica Gleaner
