Mair (left) and Mitchell (right)

People's National Party candidate, Phyllis Mitchell, has filed an appeal against a Supreme Court ruling this month that Jamaica Labour Party Member of Parliament for St. Catherine North East, Gregory Mair, was not properly served with the election petition.

Mitchell claimed in the election petition that Mair has dual citizenship, therefore, under the constitution, he was not entitled to be a Member of Parliament. She is claiming that Mair has a Venezuelan passport.

Civil process

Mair contended that he was not properly served with the claim form for the election petition and applied to have the petition struck out. He claimed he was sitting in Parliament when he was served. Mair's lawyers argued that under the Senate and House of Representatives (Powers and Privileges) Act, civil processes could not be served in Parliament.

Mitchell is contending in the appeal filed yesterday that Senior Puisne Judge Marva McIntosh erred in her decision and her ruling should be set aside.