Daraine Luton, Staff Reporter

Dabdoub

People's National Party (PNP) caretaker Abe Dabdoub says he is prepared to take his battle for the West Portland seat to the Judicial Committee of the Privy Council.

The PNP candidate, who polled 944 votes fewer than Daryl Vaz of the Jamaica Labour Party (JLP) on election day, September 3, 2007, told The Gleaner yesterday that he was contemplating such a move, even though he expects to win the seat at the Court of Appeal.

"That is something we are looking at. There are some lawyers who feel that the constitutional parts of it could go to the Privy Council, but the actual election part of it can't," Dabdoub said.

The PNP caretaker was successful in getting the Supreme Court to rule that Vaz was not qualified to be elected to the House of Representatives as he was found to have sworn allegiance to the United States.

Fight for democracy

Chief Justice Zaila McCalla ruled that under the Constitution, Vaz was not qualified to be elected to the House of Representatives and ordered a by-election.

Yesterday Dabdoub, who was the guest speaker at a Rotary Club of Kingston luncheon at the Jamaica Pegasus hotel in New Kingston, said his struggle for the seat was a fight for democracy.

"I intend to proceed regardless of the political consequences for either myself or my political party, because in the final analysis, the sole victor can only be the citizens of Jamaica. As an individual, I have an obligation to ensure that the rule of law prevails," he said.

In his own reaction to the result, Prime Minister Bruce Golding has all but declared he would call a general election should Dabdoub win on appeal.

"I am not going to allow anybody to sit in Parliament who was rejected by the people at the polls," Golding said last week.

Not deterred

Yesterday, Dabdoub said he would not be influenced by the prime minister's pronouncement.

"If this pronouncement was intended to deter me from doing so, let me assure him that an appeal will be filed shortly," Dabdoub said. He told The Gleaner the appeal has not yet been filed because "it is being very carefully looked at so that we put the right grounds before the court".

Robert Pickersgill, chairman of the PNP, told The Gleaner that the PNP supports Dabdoub pursuit of the matter at the Court of Appeal.

"The matter is of importance to the country's administration and the rule of law. It is a landmark issue and should be pursued to the fullest," Pickersgill said. "It is not about whether it would cause a general election or who gets the seat, it is about principle."

Three other election petitions seeking to have JLP candidates disqualified are before the court. The JLP formed the government after garnering a four-seat majority in the 60-seat Parliament.

Although the PNP and the JLP have expressed a willingness to meet on the matter, Pickersgill would not say whether withdrawing the other petitions before the court was a consideration for the PNP.

Meanwhile, JLP General Secretary Karl Samuda has re-affirmed his party's position that it might call a general election if Dabdoub wins on appeal.

"The prime minister has made himself very clear. I know that Dabdoub is not going to succeed but, should he succeed, we would have to examine the matter and take the appropriate steps in the interest of the country and the party," Samuda told The Gleaner yesterday.

daraine.luton@gleanerjm.com

Samuda