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..... enuff of this circus.
PNP backs out
Party won't contest September 4 by-election for Clarendon North West
BY PAUL HENRY & ERICA VIRTUE Observer reporters
Thursday, August 13, 2009
The Opposition People's National Party (PNP) yesterday said it would not contest the by-election for the Clarendon North West seat, hours after the High Court ordered the poll and Prime Minister Bruce Golding announced September 4 as the election date.
"Our intention has always been that the integrity of the membership of the Parliament should be beyond question," said PNP chairman Robert Pickersgill in a news release. "We feel confident that the point has been well and truly made and that our actions have been vindicated."
Jubilant Jamaica Labour Party supporters carry disqualified member of parliament Michael Stern down King Street in downtown Kingston yesterday, following news that the Supreme Court ordered a by-election for the Clarendon North West constituency instead of handing over the seat to the People's National Party's Richard Azan. (Photo: Lionel Rookwood)
Added the PNP, which had initiated legal action against the ruling Jamaica Labour Party (JLP) in four dual citizenship cases, "Our standard bearer, Mr Richard Azan, some time before the matter came up for hearing in the courts, publicly signalled that he did not intend to be a candidate in a B-U-Y election, should a ruling to that effect be made by the courts. We now confirm that the party will not be contesting that by-election."
Golding had announced the election date and August 19 as nomination day a few hours after Justice Lloyd Hibbert ruled that a by-election be held in the constituency, declining an application by Azan for the seat following last month's disqualification of the sitting member of parliament, Michael Stern, by the courts.
News of the ruling touched off wild celebrations by the bus loads of Stern supporters, who gathered outside the Supreme Court in downtown Kingston in anticipation of the decision.
The celebration was ramped up to fever-pitch when Stern finally emerged from the court to address the elated supporters, who broke out into songs, and chants of "Justice! Justice! and Shower! Shower!"
Stern was engulfed in the mass of people, who then hoisted him onto their shoulders, marching with him some distance down the middle of King Street, while chanting, "We ready! We ready!"
Some female supports wept openly in apparent relief.
Traffic was momentarily brought to a halt, forcing police to clear the thoroughfare of the jubilant supporters.
Hibbert, in handing down his ruling, said that the instant election petition was no different from that of the Dabdoub v Vaz case, while also citing a 1977 election petition case - Mattison v Junor - in which it was held that the overriding principle must be that the electorate are not to have imposed upon them a person for whom the majority of them did not cast their votes, in ordering that fresh election be held in North West Clarendon.
Hibbert also refused to grant Azan's attorney, Abe Dabdoub, a 42-day stay of execution of the order. Dabdoub had earlier indicated his intention to appeal the decision not to hand the seat over to Azan.
Costs were also awarded in favour of Azan. Hibbert's written reasons are to follow.
Hibbert also used the opportunity to implore persons interested in offering themselves for elective office to ensure that they are qualified to contest an election, "a duty" which he said was "owed" to the electorate.
The judge also took a jab at public pronouncements made, especially by Golding, regarding his decision to reserve judgement until yesterday.
The High Court judge noted that any judgement that is to be delivered by the court is "something that has to be reasoned out".
"Perhaps in some quarters decisions are made without reasoning, but in the courts that is not so," Hibbert said.
Stern was on July 28 disqualified as member of parliament on account of his worn allegiance to the United States, with which he held citizenship, in contravention of the Jamaican Constitution.
Dabdoub at that time argued that, in keeping with the Constitution and the Representation of the People Act, Stern's nomination for the September 3, 2007 general elections as well as the election within the constituency should be declared null and void and the seat handed over to Azan.
But Kirk Anderson, who appeared for Stern, argued that a by-election should be held.
Azan had filed the election petition to disqualify Stern shortly after his 6,895 to 7,828 loss in the general elections.
Stern has since renounced his US citizenship.
The Opposition had 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.
On hand for yesterday's ruling were JLP General Secretary Karl Samuda and Information Minister Daryl Vaz. Collin Campbell, a former minister in the PNP administration, was among Azan's supporters.
Azan, following the ruling, refused to comment, noting that the party would be issuing a statement.
But Stern and Samuda said they were "elated" about the ruling.
"I always believed that justice would have been done," said Stern in reference to the ruling. "I am confident about a victory. I'm looking forward to the election."
But yesterday, the PNP, in its release, said that it was putting the country first against the background of the grave economic conditions being faced by the citizenry.
"The PNP is also of the view that addressing the unprecedented economic and social challenges that the country now faces must take priority," the party said. "The country needs to buckle down to tackle these and the many other very serious problems we face."
PNP backs out
Party won't contest September 4 by-election for Clarendon North West
BY PAUL HENRY & ERICA VIRTUE Observer reporters
Thursday, August 13, 2009
The Opposition People's National Party (PNP) yesterday said it would not contest the by-election for the Clarendon North West seat, hours after the High Court ordered the poll and Prime Minister Bruce Golding announced September 4 as the election date.
"Our intention has always been that the integrity of the membership of the Parliament should be beyond question," said PNP chairman Robert Pickersgill in a news release. "We feel confident that the point has been well and truly made and that our actions have been vindicated."
Jubilant Jamaica Labour Party supporters carry disqualified member of parliament Michael Stern down King Street in downtown Kingston yesterday, following news that the Supreme Court ordered a by-election for the Clarendon North West constituency instead of handing over the seat to the People's National Party's Richard Azan. (Photo: Lionel Rookwood) Added the PNP, which had initiated legal action against the ruling Jamaica Labour Party (JLP) in four dual citizenship cases, "Our standard bearer, Mr Richard Azan, some time before the matter came up for hearing in the courts, publicly signalled that he did not intend to be a candidate in a B-U-Y election, should a ruling to that effect be made by the courts. We now confirm that the party will not be contesting that by-election."
Golding had announced the election date and August 19 as nomination day a few hours after Justice Lloyd Hibbert ruled that a by-election be held in the constituency, declining an application by Azan for the seat following last month's disqualification of the sitting member of parliament, Michael Stern, by the courts.
News of the ruling touched off wild celebrations by the bus loads of Stern supporters, who gathered outside the Supreme Court in downtown Kingston in anticipation of the decision.
The celebration was ramped up to fever-pitch when Stern finally emerged from the court to address the elated supporters, who broke out into songs, and chants of "Justice! Justice! and Shower! Shower!"
Stern was engulfed in the mass of people, who then hoisted him onto their shoulders, marching with him some distance down the middle of King Street, while chanting, "We ready! We ready!"
Some female supports wept openly in apparent relief.
Traffic was momentarily brought to a halt, forcing police to clear the thoroughfare of the jubilant supporters.
Hibbert, in handing down his ruling, said that the instant election petition was no different from that of the Dabdoub v Vaz case, while also citing a 1977 election petition case - Mattison v Junor - in which it was held that the overriding principle must be that the electorate are not to have imposed upon them a person for whom the majority of them did not cast their votes, in ordering that fresh election be held in North West Clarendon.
Hibbert also refused to grant Azan's attorney, Abe Dabdoub, a 42-day stay of execution of the order. Dabdoub had earlier indicated his intention to appeal the decision not to hand the seat over to Azan.
Costs were also awarded in favour of Azan. Hibbert's written reasons are to follow.
Hibbert also used the opportunity to implore persons interested in offering themselves for elective office to ensure that they are qualified to contest an election, "a duty" which he said was "owed" to the electorate.
The judge also took a jab at public pronouncements made, especially by Golding, regarding his decision to reserve judgement until yesterday.
The High Court judge noted that any judgement that is to be delivered by the court is "something that has to be reasoned out".
"Perhaps in some quarters decisions are made without reasoning, but in the courts that is not so," Hibbert said.
Stern was on July 28 disqualified as member of parliament on account of his worn allegiance to the United States, with which he held citizenship, in contravention of the Jamaican Constitution.
Dabdoub at that time argued that, in keeping with the Constitution and the Representation of the People Act, Stern's nomination for the September 3, 2007 general elections as well as the election within the constituency should be declared null and void and the seat handed over to Azan.
But Kirk Anderson, who appeared for Stern, argued that a by-election should be held.
Azan had filed the election petition to disqualify Stern shortly after his 6,895 to 7,828 loss in the general elections.
Stern has since renounced his US citizenship.
The Opposition had 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.
On hand for yesterday's ruling were JLP General Secretary Karl Samuda and Information Minister Daryl Vaz. Collin Campbell, a former minister in the PNP administration, was among Azan's supporters.
Azan, following the ruling, refused to comment, noting that the party would be issuing a statement.
But Stern and Samuda said they were "elated" about the ruling.
"I always believed that justice would have been done," said Stern in reference to the ruling. "I am confident about a victory. I'm looking forward to the election."
But yesterday, the PNP, in its release, said that it was putting the country first against the background of the grave economic conditions being faced by the citizenry.
"The PNP is also of the view that addressing the unprecedented economic and social challenges that the country now faces must take priority," the party said. "The country needs to buckle down to tackle these and the many other very serious problems we face."
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