The re-examination of the magisterial recount for the Eastern Hanover constituency has been halted following an order granted late yesterday afternoon by a Court of Appeal judge.

The stay was granted to allow a judge to have a full hearing today to determine whether Senior Puisne Judge Marva McIntosh had the jurisdiction to hear the application which was brought by Jamaica Labour Party candidate, Barrington Gray.

Justice Algernon Smith granted the stay after hearing legal arguments from R.N.A. Henriques, Q.C., and attorney-at-law Harold Brady, who are representing Gray.

No jurisdiction

Justice McIntosh yesterday refused to grant the application. She ruled that she had no jurisdiction to grant the application for a judicial review. The judge granted leave for Gray to appeal against her ruling.

Attorneys-at-law Gayle Nelson, Huntley Watson and Kent Gammon, who represent People's National Party candidate Dr. D. K. Duncan opposed the application, which was made in chambers at the Supreme Court.

Duncan's lawyers argued that Justice McIntosh could not interfere when another judge was carrying out his function. They also argued that Gray should abide by the Representation of the People Act and bring a petition after the Resident Magistrate had made a decision in the matter.

Duncan was declared the winner by 12 votes on Monday at the end of the initial recount in the Lucea Resident Magistrate's Court. After resident magistrate George Burton announced the outcome, Mr. Brady asked for an adjournment to appeal the outcome.