( L - R ) Duncan, Gray

Member of Parliament for the Hanover Eastern constituency, Dr D.K. Duncan, yesterday called three witnesses at a hearing in chambers in the Supreme Court to support his contention that he was not served with an election petition.

When the hearing resumes today before Justice Lloyd Hibbert, Jamaica Labour Party candidate Barrington Gray will be calling witnesses to contradict Duncan's contention.

Duncan is seeking to have the election petition thrown out on the grounds that he was not served.

He is contending that he was at a government office at the time that Gray is alleging that he was served.

Gray is contending that he would have been declared the winner for the Hanover Eastern constituency in the September 3, 2007, General Election if a number of ballots had not been improperly torn by the presiding officer. Those ballots were thrown out during the magisterial recount which declared Duncan the winner of the seat.