Gareth Manning, Sunday Gleaner Reporter

Walker (left) and Pickersgill (right)

The opposition People's National Party (PNP) has stopped short of calling for the dismissal of Director of Elections Danville Walker.

Speaking with The Sunday Gleaner, PNP chairman, Robert Pickersgill, says the office of director of elections has been compromised by Walker's acknowledgement of his dual citizenship.

"I am saying if the provisions of the law are there, and based on his unfortunate utterances, his position becomes compromised," Pickersgill says.

Walker's eligibility was brought into question in court on Friday during the election petition hearing in the Supreme Court involving West Portland Member of Parliament Daryl Vaz, and brought by Abe Dabdoub, the losing contender in the September 3 general election.

Walker acknowledged that he was a citizen of both the United States and Jamaica.

Lawyers representing Dabdoub raised questions about Walker's eligibility for the post based on the provisions of the Electoral Commission (Interim) act of 2006. Under Section 3 (1) of the Act, a person will be disqualified from holding the post if that person is not a citizen of Jamaica, not resident in Jamaica, or by his own act, has acknowledged allegiance, obedience or adherence to a foreign power or state.

Matter of public concern

Pickersgill says the party is preparing to discuss the questions surrounding Walker's eligibility in the New Year.

"It clearly is a matter of public concern, and when I say it is a matter of public concern, it is not only the revelation that he enjoys dual citizenship, but what has transpired before this came to light, and what the provisions of the law have revealed," says Pickersgill.

According to the PNP chairman, Walker ought to have known about the provisions of the act as it is a provision carried over from the Representation of the People (Interim Electoral Reform) Act of 1998.

"He ought to have known, and especially the sections regarding appointment. We would all have to assume that he must have known, or presumed to have known. The implications seem quite obvious and serious," argues Pickersgill.

Jamaican constitution

A source close to Walker tells The Sunday Gleaner that he believes the Jamaican Constitution allows him the right to work in Jamaica as it makes no reference to dual citizenship with respect to the office of the director of elections. Walker, the source says, further argues that the Electoral Commission Act was subordinate to the Jamaican Constitution.

However, former Attorney-General, A.J. Nicholson, rebuts Walker's argument.

"You have three kinds of law in Jamaica: the Constitution, the common law, and statutes. If under any of those laws you run afoul of the law, you run afoul of the law; it doesn't have to be constitution[al]," he argues.

Jamaica Labour Party (JLP) general secretary, and member of the Electoral Commission, Karl Samuda, says Nicholson's position is debatable.

"It occurs that on the face of it (to be a) matter of interpretation. Which is the higher consideration? The Constitution, or the (Electoral Commission) Act? And it appears that as far as the Constitution is concerned, Mr. Walker is quite within the bounds of the Constitution to occupy the post," reasons Samuda.

He says Walker's position has not been in any way compromised by his dual citizenship.

"Mr. Walker is someone who was born in Jamaica, grew up in Jamaica, educated in Jamaica and performs his duties admirably as director of elections," states Samuda.