A decision was taken yesterday for a three-member panel of the Court of Appeal to hear, and make a determination on a ruling which was made on Tuesday, involving the re-examination of the magisterial recount in the Eastern Hanover constituency.

The court will decide whether Senior Puisne Judge Marva McIntosh had the jurisdiction to hear the application, which was brought on Tuesday by Jamaica Labour Party candidate Barrington Gray. The judge had ruled on Tuesday that she did not have the jurisdiction to hear the application seeking to halt the re-examination.

Gray, who is being represented by R.N.A. Henriques, Q.C., and attorneys-at-law Harold Brady and Kent Gammon, had taken the matter to the Court of Appeal after the judge turned down Gray's application.

Court of Appeal Judge Algernon Smith granted an order halting the re-examination and put the case for hearing yesterday morning. When the matter came before him in chambers yesterday, he took the decision that it should be heard by the Court of Appeal.

The People's National Party candidate, Dr. D.K. Duncan, was declared the winner by 12 votes after the magisterial recount by Resident Magistrate George Burton.

Duncan's lawyers, Gayle Nelson and Huntley Watson, are contending that Mrs. Justice McIntosh cannot interfere when the RM is carrying out his function.

Adjournment to appeal the outcome

After the RM announced the outcome of the Magisterial recount on Monday, attorney-at-law Harold Brady asked for an adjournment to appeal the outcome. The RM denied his application and Mr. Brady then asked for a re-examination of the 85 boxes in the constituency.

Mr. Brady made the application for a re-examination after the RM rejected a number of ballots which were, reportedly, improperly torn and the presiding officer's signature missing.

Gray then took the case to the Supreme Court on Tuesday.