Bar lifted for St Ann by-election
Published:Thursday | November 25, 2010 | 12:00 AM
Barbara Gayle, Staff Reporter
Court of Appeal judge Dennis Morrison yesterday lifted the stay of execution which had barred Prime Minister Bruce Golding from calling a by-election in the North East St Ann constituency.
However, attorney-at-law Abe Dabdoub, who is representing elector Manley Bowen, hinted yesterday that his client would apply for an injunction if any attempt were made to call an immediate by-election.
Dabdoub argued that, based on legal authorities and Section 20 (f) of the Election Petitions Act, the prime minister cannot call a by-election until Bowen's appeal has been determined.
A prominent Kingston lawyer, in disagreeing with Dabdoub, said once the stay has been refused, the prime minister can call a by-election because there is no court order to prevent him from so doing.
In September, Supreme Court judge Roy Jones declared the seat vacant after Shahine Robinson, who was the member of parliament, filed a notice of intention that she was not challenging the election petition.
Bowen had filed the election petition after the September 3, 2007 general election, contending that Robinson had dual citizenship when she was nominated and was therefore not entitled to sit in Parliament. He said Robinson was an American citizen.
The Court of Appeal granted Bowen a stay of the Supreme Court ruling after he filed an appeal.
Bowen is contending that Jones did not give him a hearing so he could ask for a declaration that the seat be given to the People's National Party candidate, Oswest Senior Smith.
The appeal is set for hearing on March 21 and Bowen was seeking to have the stay remain in effect until his appeal was heard and determined.
Declaratory judgment
Morrison said yesterday that the judgment granted in the Supreme Court was a declaratory one and so he could not grant a stay of execution.
Neville Williams, councillor of the Ocho Rios division in St Ann, is seeking to be joined as a respondent in the case but no ruling was made yesterday in relation to his application.
Williams wants to oppose Bowen's appeal for the seat to be awarded to Senior Smith.
Yesterday, attorney-at-law Lackston Robinson, from the Attorney General's Department, appeared at the hearing in chambers. Robinson explained that the attorney general had a public obligation to address the court based on what transpired in the case. He made it clear that the attorney general was not representing the candidates but was making submissions in the public interest because there was no respondent.
Robinson wanted to remain as a respondent in the matter but Morrison ruled earlier this month that she no longer had any legal standing in the case.