Hayles to face music in citizenship dispute
Published:Friday | June 18, 2010 | 12:00 AM
Western Hanover Member of Parliament Ian Hayles has lost his legal battle in the Court of Appeal to throw out the constitutional motion filed by Jamaica Labour Party candidate Donovan Hamilton claiming that Hayles has dual citizenship.
A date is to be set for the hearing to begin in the Supreme Court.
Hamilton is contending that Hayles was an American citizen at the time of the general election in September 2007 and, therefore, was not entitled to be a member of the House of Representatives.
Hayles had denied the claim, saying he had renounced his United States citizenship before he was nominated.
When the motion came for hearing in the Supreme Court, Hayles applied to have it struck out on the grounds that he was not served with the court documents within the specified time given under the Elections Petition Act and the Constitution of Jamaica. He argued that the delay precluded the Supreme Court from having jurisdiction to hear the matter.
Attorney-at-laws Ransford Braham, Nesta-Claire Smith-Hunter and Suzanne Risden-Foster, who are representing Hamilton, had opposed Hayles' application.
Judges think otherwise
Supreme Court judge Donald McIntosh refused to grant the order striking out Hamilton's claim. Hayles, who is being represented by attorney-at-law Abe Dabdoub and Gayle Nelson, appealed the ruling.
The Court of Appeal, comprising its president, Justice Seymour Panton, and justices Hazel Harris and Mahadev Dukharan, reviewed the Constitution. The judges ruled that there was no time limit specified in the Constitution for a challenge to be mounted in respect of someone who has been elected but was not duly qualified for that post.
"It should be open to any Jamaican who has good reason to question whether an elected member was qualified for such election to seek a declaration under the Constitution at any time, at least during the period of time for which the person has been elected," the judges said.
The court said further that anyone who was deemed unelectable because of qualification shortfalls should not be allowed to sit in the House of Representatives.