Hearing set for tomorrow to bar PM from calling St Ann by-election
Published:Wednesday | December 1, 2010 | 12:00 AM
Barbara Gayle, Staff Reporter
An application for leave to go to the Judicial Review Court to bar Prime Minister Bruce Golding from calling a by-election on December 20 in the North East St Ann constituency is set for hearing tomorrow.
The application, which was brought by St Ann elector Manley Bowen, should have been heard yesterday. It was put off because the lawyers from the Attorney General's Department said they needed time to prepare their submissions.
President of the Court of Appeal, Seymour Panton, is to make a ruling before nomination day, which is set for December 3, as to whether he will grant an injunction to stop the by-election.
Bowen, former People's National Party member of parliament, wants the election to be put on hold until his appeal against a Supreme Court ruling has been heard and determined.
His appeal against a Supreme Court ruling has been set for March 21 next year. He is appealing on the grounds that after ousted Member of Parliament Shahine Robinson filed a notice of intention that she was not opposing his election petition, the seat should have been given to the People's National Party candidate Oswest Senior-Smith.
Bowen, in court documents filed on Monday seeking leave to go to the Judicial Review Court, has described the prime minister's decision to call a by-election as irrational and procedurally improper. He said the prime minister was aware that an appeal was pending regarding the election petition he had brought against Robinson alleging dual citizenship.
After the court documents were filed Monday, attorneys-at-law Abe Dabdoub and Raymond Clough, who are representing Bowen, went before Supreme Court judge Ingrid Mangatal, who granted an order for them to serve the documents on the attorney general.
The parties are to return to the Supreme Court today when Bowen will apply for leave to go to the Judicial Review Court.
Bowen had filed an election petition after the September 3, 2007 general election, contending that Robinson had dual citizen-ship when she was nominated as the Jamaica Labour Party candidate for the general election.
In September, Robinson served notice of her intention not to oppose the election petition. Supreme Court judge Roy Jones declared the seat vacant.
Bowen took the issue to the Court of Appeal, contending that he was not given an opportunity to argue that the seat should be given to Senior Smith. He then got a stay of execution from the Court of Appeal, which barred the prime minister from calling a by-election.
Last week, Court of Appeal judge Dennis Morrison lifted the stay of execution, which paved the way for the prime minister to set a date last Friday for the by-election. Nomination day is set for December 3.
Following the announcement of the by-election, Bowen immediately filed an application in the Court of Appeal Registry. He is seeking an injunction to bar the holding of the by-election until his appeal is heard and determined.
Bowen has named Robinson, JLP councillor Neville Williams, the returning officer, Rupert Brown, and the attorney general as respondents. Williams wants to be joined as a respondent to oppose Bowen's application.