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December 20 vote - JLP to nominate Shahine Robinson
PM announces NE St Ann poll, but PNP files application for stay
BY PAUL HENRY & ERICA VIRTUE
Saturday, November 27, 2010
PRIME Minister Bruce Golding yesterday announced December 20 as the date for the much anticipated by-election to fill the vacant St Ann North East constituency from which the Jamaica Labour Party's (JLP's) Shahine Robinson has been disqualified.
But within a few hours of the announcement, attorneys representing former People's National Party (PNP) MP Manley Bowen, the man whose election petition resulted in Robinson's disqualification, filed an application in the Court of Appeal asking for the election to be stayed.
Shahine Robinson
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Bowen is asking that the by-election be stayed pending his appeal — scheduled to be heard next March — against the Supreme Court's decision in October not to hear an application for the seat to be handed over to attorney Oswest Senior-Smith, the PNP candidate Robinson defeated in the 2007 general elections.
During the mid-morning press conference at the JLP's Belmont Road headquarters, Golding also announced Friday, December 3 as Nomination day.
"I have today advised the governor general to issue a Writ of Elections for the holding of a by-election in the constituency of North East St Ann, so that the protracted uncertainty that has surrounded the people's representation for this constituency can be resolved and so they can regain their voice in Parliament," said Golding.
"The Jamaica Labour Party (JLP) will be nominating Shahine Robinson, who has served that constituency since 2001. I have every confidence that on the 20th of December Mrs Shahine Robinson will be returned as the member of parliament for North East St Ann," a confident Golding told journalists, while adding that he would be accompanying Robinson to the St Ann's Bay nomination centre.
But uncertainty still shrouds Robinson's citizenship, the issue that resulted in her disqualification from Parliament.
The application for a stay of the by-election, filed by the law firm Knight Junor & Samuels, which is representing Bowen, wants Robinson to provide documentary proof that she has in fact renounced the US citizenship that she had obtained in 2006 while she was a member of the House of Representatives, which is a breach of the Constitution of Jamaica.
"There is no evidence that [Robinson] has ever renounced her allegiance to the United States, and unless she does so she is still not qualified to be elected to the House of Representatives," said the document.
Added attorney Raymond Clough, who is also representing Bowen: "Should an election be held to fill the vacancy and the applicant [Bowen] be successful on his appeal and is successful in his claim that Oswest Senior-Smith be returned as the member of the House of Representatives for the said constituency, this would result in confusion as to who is the lawful member of the House of Representatives for the said constituency, and lead to further litigation to determine who is the lawful member of the House of Representatives for the constituency."
The application could be heard by an appellate court judge next week, the Observer has learnt.
Golding's announcement of the by-election comes a day after Court of Appeal judge Justice Dennis Morrison lifted a stay that had been preventing him from making the move. The stay was granted to Bowen by the Supreme Court after it disqualified Robinson, who after much denial finally admitted to holding US citizenship.
Anticipating the legal manoeuvre to block the by-election, Golding said during the press conference that the will of the people of North East St Ann would not be determined by Abe Dabdoub, Bowen's lead counsel in the matter.
"Well, Mr Justice Dennis Morrison evidently wasn't impressed by those arguments from Mr Dabdoub, and certainly the right of the people of North East St Ann to representation in Parliament is not going to be determined by Mr Dabdoub," Golding said. "That must be determined by the people and that's the opportunity we will give them on the 20th of December."
The prime minister said the constituents were effectively without a voice and that the situation should not be allowed to continue for any extended period.
A confident Golding also brushed aside recent opinion poll results showing his party trailing the Opposition PNP. He said those results would be put to the test on December 20 and that Robinson expects the question to be answered in her favour by 8:15 pm that day. Robinson was not at yesterday's press briefing as she is overseas with a family member who is ill.
The PNP has previously forced three by-elections through court challenges and subsequently lost them all.
Read more: http://www.jamaicaobserver.com/news/...#ixzz16WQdOi6z
PM announces NE St Ann poll, but PNP files application for stay
BY PAUL HENRY & ERICA VIRTUE
Saturday, November 27, 2010
PRIME Minister Bruce Golding yesterday announced December 20 as the date for the much anticipated by-election to fill the vacant St Ann North East constituency from which the Jamaica Labour Party's (JLP's) Shahine Robinson has been disqualified.
But within a few hours of the announcement, attorneys representing former People's National Party (PNP) MP Manley Bowen, the man whose election petition resulted in Robinson's disqualification, filed an application in the Court of Appeal asking for the election to be stayed.
Shahine Robinson
1/1
Bowen is asking that the by-election be stayed pending his appeal — scheduled to be heard next March — against the Supreme Court's decision in October not to hear an application for the seat to be handed over to attorney Oswest Senior-Smith, the PNP candidate Robinson defeated in the 2007 general elections.
During the mid-morning press conference at the JLP's Belmont Road headquarters, Golding also announced Friday, December 3 as Nomination day.
"I have today advised the governor general to issue a Writ of Elections for the holding of a by-election in the constituency of North East St Ann, so that the protracted uncertainty that has surrounded the people's representation for this constituency can be resolved and so they can regain their voice in Parliament," said Golding.
"The Jamaica Labour Party (JLP) will be nominating Shahine Robinson, who has served that constituency since 2001. I have every confidence that on the 20th of December Mrs Shahine Robinson will be returned as the member of parliament for North East St Ann," a confident Golding told journalists, while adding that he would be accompanying Robinson to the St Ann's Bay nomination centre.
But uncertainty still shrouds Robinson's citizenship, the issue that resulted in her disqualification from Parliament.
The application for a stay of the by-election, filed by the law firm Knight Junor & Samuels, which is representing Bowen, wants Robinson to provide documentary proof that she has in fact renounced the US citizenship that she had obtained in 2006 while she was a member of the House of Representatives, which is a breach of the Constitution of Jamaica.
"There is no evidence that [Robinson] has ever renounced her allegiance to the United States, and unless she does so she is still not qualified to be elected to the House of Representatives," said the document.
Added attorney Raymond Clough, who is also representing Bowen: "Should an election be held to fill the vacancy and the applicant [Bowen] be successful on his appeal and is successful in his claim that Oswest Senior-Smith be returned as the member of the House of Representatives for the said constituency, this would result in confusion as to who is the lawful member of the House of Representatives for the said constituency, and lead to further litigation to determine who is the lawful member of the House of Representatives for the constituency."
The application could be heard by an appellate court judge next week, the Observer has learnt.
Golding's announcement of the by-election comes a day after Court of Appeal judge Justice Dennis Morrison lifted a stay that had been preventing him from making the move. The stay was granted to Bowen by the Supreme Court after it disqualified Robinson, who after much denial finally admitted to holding US citizenship.
Anticipating the legal manoeuvre to block the by-election, Golding said during the press conference that the will of the people of North East St Ann would not be determined by Abe Dabdoub, Bowen's lead counsel in the matter.
"Well, Mr Justice Dennis Morrison evidently wasn't impressed by those arguments from Mr Dabdoub, and certainly the right of the people of North East St Ann to representation in Parliament is not going to be determined by Mr Dabdoub," Golding said. "That must be determined by the people and that's the opportunity we will give them on the 20th of December."
The prime minister said the constituents were effectively without a voice and that the situation should not be allowed to continue for any extended period.
A confident Golding also brushed aside recent opinion poll results showing his party trailing the Opposition PNP. He said those results would be put to the test on December 20 and that Robinson expects the question to be answered in her favour by 8:15 pm that day. Robinson was not at yesterday's press briefing as she is overseas with a family member who is ill.
The PNP has previously forced three by-elections through court challenges and subsequently lost them all.
Read more: http://www.jamaicaobserver.com/news/...#ixzz16WQdOi6z
and nominate someone with more decency. 
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