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Tuesday, 26 February 2008
Hearings are scheduled to resume Tuesday into the case involving Member of Parliament for North West Clarendon Michael Stern and defeated candidate Richard Azan.
Last month, attorneys for the two men agreed to the adjournment of the election petition matter.
This was to facilitate the outcome of the court of appeal hearing in the case involving defeated People's National Party candidate Phyllis Mitchell and the Jamaica Labour Party's Gregory Mair.
That case involves similar issues, specifically the serving of the election petitions.
A week ago, the Appeal Court reserved judgement in the case.
Ms Mitchell, who is seeking to unseat Mr. Mair, had appealed against a Supreme Court ruling handed down in November last year.
The Court ruled that Mr. Mair was not properly served with the election petition filed by Ms Mitchell.
Mr. Mair contended that he was in Parliament when he was given the document.
His lawyers argued that under the law court documents cannot be served in Parliament.
Justice Marva McIntosh upheld the submission.
Ms Mitchell had filed a petition contending that Mr. Mair had Venezuelan citizenship and was not entitled, under the Constitution, to be elected as a Member of Parliament.
Hearings are scheduled to resume Tuesday into the case involving Member of Parliament for North West Clarendon Michael Stern and defeated candidate Richard Azan.
Last month, attorneys for the two men agreed to the adjournment of the election petition matter.
This was to facilitate the outcome of the court of appeal hearing in the case involving defeated People's National Party candidate Phyllis Mitchell and the Jamaica Labour Party's Gregory Mair.
That case involves similar issues, specifically the serving of the election petitions.
A week ago, the Appeal Court reserved judgement in the case.
Ms Mitchell, who is seeking to unseat Mr. Mair, had appealed against a Supreme Court ruling handed down in November last year.
The Court ruled that Mr. Mair was not properly served with the election petition filed by Ms Mitchell.
Mr. Mair contended that he was in Parliament when he was given the document.
His lawyers argued that under the law court documents cannot be served in Parliament.
Justice Marva McIntosh upheld the submission.
Ms Mitchell had filed a petition contending that Mr. Mair had Venezuelan citizenship and was not entitled, under the Constitution, to be elected as a Member of Parliament.