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Candidates' charges delay election petitions
published: Tuesday | June 24, 2008

Two election petitions came before the Supreme Court yesterday but were put off to allow the respondents to file the relevant documents by June 27.

One of the petitions was filed by People's National Party candidate Richard Azan against Jamaica Labour Party Member of Parliament for North West Clarendon, Michael Stern.

Azan is contending that Stern has dual citizenship.

Azan is also alleging that irregularities took place in the constituency on election day.

The other petition was brought by the PNP candidate for North Clarendon Horace Dalley against Member of Parliament Laurie Broderick.

Dalley is claiming that persons who were duly enumerated were not allowed to vote because their names were not on the voters list.

Lawyers representing Stern and Broderick are seeking to have the petitions struck out on the grounds that Stern and Broderick were served not within the time specified in the Election Petition Act.

Applications

Senior Puisne Judge Marva McIntosh is to hear the applications to strike out the petitions on July 8 and 9.

Meanwhile, the application which People's National Party candidate Abe Dabdoub has filed in the Court of Appeal to strike out the appeal filed by West Portland Member of Parliament Daryl Vaz has been put off for another date to be set.

Dabdoub had brought an election petition in the Supreme Court contending that Vaz had dual citizenship and was the holder of an American passport.

Dabdoub claimed that he should be returned as the duly elected MP for West Portland because Vaz's dual citizenship was in breach of the Constitution.

Chief Justice Zaila McCalla made a ruling this year which ousted Vaz from Parliament but a stay was granted which allows Vaz to remain until the appeal against the ruling has been heard.

The chief justice ordered a by election and Dabdoub has appealed the ruling.

Vaz has also filed an appeal against the Chief Justice's ruling. Dabdoub is seeking to strike out Vaz's appeal on the grounds that it is frivolous, vexatious and an abuse of the process of the court.

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