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Stabroek News

Mitchell pursues appeal in Supreme Court ruling
published: Tuesday | February 12, 2008


( L - R ) Mitchell, Mair

People's National Party candidate Phyllis Mitchell is pursuing the election petition she has brought against Member of Parliament Gregory Mair, alleging dual citizenship.

The appeal came up for hearing yesterday in the Court of Appeal, but was adjourned until tomorrow.

Mitchell's lawyers applied for the adjournment.

Mitchell is appealing against a Supreme Court ruling in November last year that Mair, the Jamaica Labour Party Member of Parliament for the St Catherine North East constituency, was not properly served with the election petition.

Mair contended that he was in Parliament when he was served with the election petition.

Mair's lawyers argued that, under the law, civil processes cannot be served in Parliament and Senior Puisne Judge Marva McIntosh upheld the submissions.

Mitchell is contending that the election petition was also sent by registered mail to an address in the St Catherine North East constituency, which Mair represents.

Mitchell had filed a petition contending that Mair had Venezuelan citizenship and was not entitled, under the Constitution, to be elected as a Member of Parliament.

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