Judgment expected today!

No. 49 Wednesday, February 03, 2010
The court of appeals is today set to hear an appeal from Western Hanover Member of Parliament Ian Hayles who is seeking to squash a December 4 Supreme Court ruling that gave his opponent Donovan Hamilton the go ahead to proceed with his attempt at removing him from office.

   The Jamaica Labour Party’s Donovan Hamilton is seeking to have the court oust Mr. Hayles from Parliament and call a by- election. Hamilton is contending that Hayles was an American at the time of his nomination and is therefore not entitled to be an MP When the appeal was filed in court, Hamilton’s lawyers Earnest Smith and Nesta Clare Smith - Hunter, opposed the defense’s application to strike out the claim.
   However, Hayles’ lawyers claimed that the Supreme Court has no jurisdiction to hear the matter because the proper procedures were not followed and the time had long elapsed for an election petition to be brought. “I had no allegiance or was citizen of any foreign power before nomination day. I was the first and only Member of Parliament who renounced my allegiance and citizenship to the United States to serve the people of Hanover.”
   He went on to explain that the law is very clear on the subject at hand and if he has to go as far as the Privy Council which is our final court of appeal he will do so. “I am convinced that the only election that will be called is the General Election where I will be giving Hamilton a second thrashing this time sending him into political oblivion,” Hayles added.
   He continued by saying this process is the waste of my time as also the courts and is distracting from the vow I take to represent the people of eastern Hanover to the best of my abilities.”
   On the contrary Hamilton’s lawyers argued that the Supreme Court, as guardian of the constitution, has the jurisdiction to determine issues where there are breaches of the constitution.
   Hamilton is contending that on nomination day for the September 2007 general election, the Western Hanover MP was the holders of US passport. An allegation denied vehemently by Hayles who told the Western Mirror that he was confident that the court would dispose of the matter. with Hamilton’s lawyers asking the court to declare a by- election and Hayles who is being represented by the astute Abe Dabdoub moving to strike out the motion, the battle for Western Hanover doesn’t appear to have any end in sight and might end up going into the next General Election where both men are again expected to lock horns.

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