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Paul Henry, Observer staff reporter
Posted: 7/28/2009 2:37:26 PM
JUDGMENT will be handed down in September as to whether North West Clarendon, the former seat of the Jamaica Labour Party's (JLP) Michael Stern should be handed to Richard Azan of the People's National Party (PNP) or a fresh by-election ordered.
Supreme Court Judge Lloyd Hibbert, who yesterday ruling that Stern should be disqualified for holding dual citizenship, said that the case will resume on September 16 with the new courts session. Hibbert said that a judgement should be handed down by the end of that month.
The PNP wants the seat to be handed over to Azan as the only qualified candidate nominated for the September 2007 general election. Meanwhile the JLP argue that the popular vote, which returned Stern, should be respected and that a by-election be ordered.
The Opposition has already brought two successful court actions - Abe Dabdoub versus Daryl Vaz and Phyllis Mitchell versus Gregory Mair - over dual citizenship against JLP MPs in 2008. However, the subsequent by-elections were won by the ousted parliamentarians.
Another election petition filed by the PNP's Oswest Senior Smith is pending against Shahine Robinson, the JLP MP for North East St Ann.
Azan, who had filed the petition shortly after his 6,895 to 7,828 loss to Stern, contended that the new MP was not qualified to sit in Parliament as he had sworn allegiance to a foreign power, in contravention of the Jamaican Constitution.
Stern has admitted to gaining his United States citizenship through a friend who had filed for him and his family.
Posted: 7/28/2009 2:37:26 PM
JUDGMENT will be handed down in September as to whether North West Clarendon, the former seat of the Jamaica Labour Party's (JLP) Michael Stern should be handed to Richard Azan of the People's National Party (PNP) or a fresh by-election ordered.
Supreme Court Judge Lloyd Hibbert, who yesterday ruling that Stern should be disqualified for holding dual citizenship, said that the case will resume on September 16 with the new courts session. Hibbert said that a judgement should be handed down by the end of that month.
The PNP wants the seat to be handed over to Azan as the only qualified candidate nominated for the September 2007 general election. Meanwhile the JLP argue that the popular vote, which returned Stern, should be respected and that a by-election be ordered.
The Opposition has already brought two successful court actions - Abe Dabdoub versus Daryl Vaz and Phyllis Mitchell versus Gregory Mair - over dual citizenship against JLP MPs in 2008. However, the subsequent by-elections were won by the ousted parliamentarians.
Another election petition filed by the PNP's Oswest Senior Smith is pending against Shahine Robinson, the JLP MP for North East St Ann.
Azan, who had filed the petition shortly after his 6,895 to 7,828 loss to Stern, contended that the new MP was not qualified to sit in Parliament as he had sworn allegiance to a foreign power, in contravention of the Jamaican Constitution.
Stern has admitted to gaining his United States citizenship through a friend who had filed for him and his family.