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Stabroek News

Dabdoub drama in court
published: Thursday | November 1, 2007

The election petition which People's National Party (PNP) candidate Abe Dabdoub has brought against Jamaica Labour Party (JLP) Member of Parliament Daryl Vaz took a dramatic turn yesterday when Dabdoub applied for an injunction to bar Vaz from resigning the West Portland seat.

He also sought an order to prevent a by-election from being held in the constituency.

However, before Chief Justice Zaila McCalla could make a ruling on the matter, Dabdoub withdrew the application.

Eligibility challenges

Dabdoub's case was one of three election petitions challenging the eligibility of JLP Members of Parliament to sit in Parliament because of alleged dual citizenship, which came before the Supreme Court yesterday.

In making the application for an injunction, Dabdoub's lawyers referred to Dabdoub's affidavit in which he said he was informed that there were plans being made for Vaz to resign and for an election to be held.

Lawyers representing Vaz opposed the application yesterday on the grounds that it was hearsay and Dabdoub had no evidence to support it.

The matter was adjourned for the Chief Justice to make a ruling but, when the parties returned to chambers, Dabdoub's lawyers announced that the application was not being pursued.

Pledged allegiance

Dabdoub is contending in the petition that he should be returned the duly elected candidate because Vaz had pledged allegiance to a foreign country, namely, the United States of America, and the Constitution forbids a parliamentarian to do so.

He had filed a motion before the September 3 general election that Vaz was not properly nominated and should not be allowed to run in the election. On Tuesday, Dabdoub discontinued the motion and is now proceeding by way of an election petition.

The parties are to return to the Supreme Court today for a case management conference.

The election petition which Phyllis Mitchell brought against Gregory Mair, contending that he has Venezuelan citizenship, was put off yesterday until today.

Mair's lawyers are seeking to have the petition struck out on the grounds that Mair was served with the petition and other court documents while in Parliament.

Mitchell's lawyers are claiming that the documents were at Parliament for Mair, he was served in accordance with the law by way of registered mail.

The application to strike out the petition will be heard today by Senior Puisne Judge Marva McIntosh.

The petition which businessman Manley Bowen has filed against Shahine Robinson has been set for case management conference on December 3. He is seeking to have PNP candidate Oswest Senior-Smith returned as MP.

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