Barbara Gayle, Staff Reporter

Stern

Jamaica Labour Party Member of Parliament (MP) Michael Stern will know on December 19 if the election petition filed against him by the People's National Party's candidate, Richard Azan, will be struck out.

Stern has brought an appeal contending that he was not served within the specified time in law with additional information in relation to the petition.

He is appealing a Supreme Court ruling which turned down his application in July.

Election petition

Azan and Stern had contested the September 3, 2007 general election in the North West Clarendon constituency.

Attorney-at-law Kirk Anderson, who is representing Stern, argued that it was mandatory for Azan to serve Stern with further particulars within 10 days after the election petition was served, which was not done.

Azan is contending in the election petition that under the Constitution of Jamaica, Stern is not qualified to be an MP because he has United States (US) citizenship.

Attorney-at-law Abe Dabdoub, who is representing Azan, submitted that it was not mandatory to serve further particulars. He said more than the minimum information was given in the petition and Stern was told in the petition why it had been filed against him.

Dabdoub, who is himself involved in a legal fight with Daryl Vaz over similar US citizenship claims, expressed surprise at the long delay in delivering the judgment.

Heavy workload

However, president of the Court of Appeal, Justice Seymour Panton, responded that the seven appeal judges were burdened with a heavy workload.

Despite recommendations for the appointment of other judges, Panton said infrastructural work would have to be done to provide more space. He said, for decades, they had been asking for more appellate judges.

During the hearing, Dabdoub called for the law governing election petitions to be streamlined to meet modern-day needs. Panton also backed legislative reform.

barbara.gayle@gleanerjm.com.