Still uncertain

Arthur Hall & Barbara Gayle, Staff Reporters

The imbroglio surrounding the North East St Ann seat appears far from over despite the decision by Prime Minister Bruce Golding to announce the date for a by-election in the constituency, which has been without a representative in Parliament since September when Shahine Robinson gave up her fight to retain the seat.

Yesterday, Golding announced that a by-election would be held in the constituency on December 20, with Nomination Day on December 3.

With the opposition People's National Party (PNP) indicating that it was unlikely to field a candidate, the prime minister's announcement seemed poised to end the dispute about who should represent the constituency.

But hours after Golding's announcement, St Ann elector Manley Bowen's lawyers, Abe Dabdoub, and Raymond Clough, filed documents in the Court of Appeal Registry in a bid to stop the election until Bowen's appeal, which is set for March 21, has been heard and determined.

Clough said yesterday Bowen's application is expected to be heard next week and they were now in the process of serving all the respondents in the matter.

Bowen, who was successful in having former Member of Parliament Shahine Robinson removed from Parliament, wants the election to be put on hold until the Court of Appeal hears his appeal against a Supreme Court ruling in September.

He is seeking a declaration that the seat should be given to PNP candidate Oswest Senior Smith, who lost to Robinson in the 2007 general election.

Bowen brought an election petition shortly after the September 3, 2007 general election, claiming that Robinson had dual citizenship when she was nominated and should not sit in Parliament.

Not opposing petition

After the case dragged on in court for almost three years, in September, Robinson filed a notice of intention that she was not opposing the election petition.

Supreme Court Judge Roy Jones then declared the seat vacant.

In court documents filed yesterday, Bowen is seeking court orders to bar the prime minster from calling the by-election. Bowen has named Robinson, JLP councillor Neville Williams, the returning officer, Rupert Brown, and the attorney general as respondents.

Williams wants to be a respondent in the election petition to oppose Bowen's appeal.

He is also seeking an order restraining Brown from accepting any nomination from any person seeking to be a candidate at any election called in respect to the constituency.

Bowen is further seeking to bar Shahine Robinson from being nominated to run in the constituency unless and until she shall have produced to the returning officer, Brown, proof of renunciation of her citizenship of the United States of America and proof of her not being, by virtue of her own act, under an acknowledgement of allegiance to the United States of America or other foreign power or state.