Both sides ordered to make full disclosure at dual ...

[Lazie]

h sides ordered to make full disclosure at dual citizenship hearing

The Supreme Court on Friday morning held the first hearing in the legal battle brought by Peoples National Party (PNP) Candidate for West Portland, Abe Dabdoub against the Jamaica Labour Party's Daryl Vaz.

Chief Justice Zailia McCalla set a trial date of October 16 when the matter will be heard in open court before a single judge.

During Friday morning's hearing the Chief Justice also ordered both sides to make full evidentiary disclosure including copies of Mr. Vaz's passport which Mr. Dabdoub contends he possesses.

Attorney at law Oswald James told RJR News his team successfully blocked an attempt by Mr. Dabdoub for the court to prevent Mr. Vaz from taking his seat in parliament.

But Mr. Dabdoub's lawyer Gayle Nelson told RJR News that while a mention was made no injunction was requested.

He said his side is ready to prove its case.

The document, which was filed before the September 3 General Election, argues that Mr. Vaz was not qualified to be nominated as he has pledged allegiance to a foreign state, which contravenes Section 40 of the Jamaican constitution.

Mr. Dabdoub is claiming he is the only properly nominated candidate and the court should rule that he be the one to sit in parliament.

[Willi]

Dabdoub seems to be clutching at straws, the most he can hope for is a by-election according to this:

Debating dual citizenship
Debating dual citizenship
published: Wednesday | August 22, 2007


There is much debate in political circles about whether candidates with dual citizenship should be allowed to sit in Gordon House if they are successful in the coming general election.

What the law says.
Section 41 (2) of the Jamaica Constitution states: "No person shall be qualified to be appointed as a senator or elected as a member of the House of Representatives who: is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state".

Section 23 (2) of the Representation of the People Act states: "Any 10 or more electors qualified to vote in a constituency for which an election is to be held may nominate any person qualified to be a member of the House of Representatives as a candidate" by signing a nomination paper and handing it to the returning officer.

If a returning officer and chief electoral officer fail to ensure that the 10 electors who nominate a candidate are "qualified to vote" and that the candidate so nominated is "qualified to be a member of the House of Representatives," the issue may be taken to court, either before or after the election, if before, as a constitutional motion; if after, as an election petition, pursuant to the Election Petitions Act.

The effect of challenging the nomination in the Supreme Court or Constitutional Court before the election, if successful, would be to render the nomination unconstitutional and void and thereafter, the next candidate with the highest votes would by default win the election.
If challenged in the Election Court successfully after the election, which would likely only be done if the challenged candidate was elected, it would render the election of that candidate void and thereafter, "the poll shall be retaken on such day within a period of 28 days from the date of the declaration or so soon after such period as the constituted authority may deem reasonably practicable". (Section 52B of the Representation of the People Act.)

[TDowl]

"Mr. Vaz was not qualified to be nominated as he has pledged allegiance to a foreign state," I wonder if any of my sons ran for MP, if this statement would apply to them, I realy don't think so, but correct me, they are USA born, so their citizenship is by birth, whereas I had to say the Pledge of allegiance?

[Time]

No, they would be ok to be MP. Also if Vaz got his passport via his mother as a child then hehould be safe.

[MdmeX]

Guess Dabdoub desperately wants to be MP - even if the people of West Portland nuh WANT him

[Karl]

Guess Dabdoub desperately wants to be MP - even if the people of West Portland nuh WANT him

On the count by how much did Dadboub lose? ...and, what were the number of votes he got?

[Willi]

Lost by 900+ votes out of 16K+ (I believe).

I wonder if he got the Vaz info from being his lawyer in the past. I hope its not priviliged info, as he could be disbarred.

[MdmeX]

Dabdoub is RUTHLESS! Wouldn't put anything past him.

[Exile]

Here we are arguing about the character of a man who challenged the legality and validity of his opponents candidacy. it's either right or wrong - black or white. If Vaz' candidacy was illegal in the first place then he should resign forthwith - what's so difficult in that?
After that, we can discuss whether it's a re-run, if in fact Dabdoub would have won by default - since he was the only legitimate candidate.
Let's just deal with the issue at hand, leave the speculation for later.
If the basis for the present government is false..then in fact we have a problem.
I blame the EOJ and the political leadership screen process who should never have allowed these things to fall through the cracks. Embarassing at best.

[Muadib]

Here we are arguing about the character of a man who challenged the legality and validity of his opponents candidacy. it's either right or wrong - black or white. If Vaz' candidacy was illegal in the first place then he should resign forthwith - what's so difficult in that?
After that, we can discuss whether it's a re-run, if in fact Dabdoub would have won by default - since he was the only legitimate candidate.
Let's just deal with the issue at hand, leave the speculation for later.
If the basis for the present government is false..then in fact we have a problem.
I blame the EOJ and the political leadership screen process who should never have allowed these things to fall through the cracks. Embarassing at best.

Heh, heh. Yuh nuh hear the law is not a shackle ?

The basis of the present Govt is the will of the people.. there are many laws which are outdated but desparate times call for desparate measures...

[Exile]

'Disparate' measures or it's just a Freudian slip?

[Muadib]

'Disparate' measures or it's just a Freudian slip?

No just cannot spell.. 'desperate'

[Willi]

Sorry Ex,

I still maintain that if Dabdoub knew beforehand that a violation was occuring, he was duty bound to report it. Worse, he is an officer of the court and a former MP!!! The timing of his moves tell me that he cares about only one thing. For the record, i dont even like Vaz...Mo knows why. LoL

Machevellian tactics dont cut it when dealing with such matters. The will of the people should not be so hijacked. That is why if those 2 boxes are legit and can be proven tamper free, they need to be counted. People should not be disenfranchised by procedure or shenanigans.

[Exile]

Willi, point. However, the responsibility rests with the EOJ or whatever legal entity for such matters there, as well as the responsible political party. The rumblings on the visa issues were long before the election day or even nomination day YET no one checkedor didn't care to deal with it. Pronouncements were even made by Walker on the issue, a point Mosiah has elucidated quite well.
I hold no quarter for either of them...like nor dislike them...just the issue of the legitimacy of the election. The court will have to rule of course and I am no legal expert.
The people were mislead, it is not a popularity contest, this our nation's national elections for paliamentary representation - we need to get it right at the root, yes it is a principle thing...yeah and we should not be shackled by the law...but sometimes we do need to obey the law...like they say ignorance is no excuse...

[Exile]

Try MS Word spellcheck..very good, very handy...won't kill yu for the US version...since we have an international audience...wait yu no gawn a market with Mosiah? Oh, yu shop uptown?