Vaz (left) and Dabdoub

American law expert George Crimarco said under cross-examination yesterday that the possession of a United States passport was proof of allegiance to that country.

Questioned by attorney-at-law Jalil Dabdoub, as to whether the word 'duties' on the American passport form refers to an applicant's duties of allegiance, Crimarco said he was not prepared to answer that question.

Crimarco said on Thursday that Jamaica Labour Party Member of Parliament Daryl Vaz did not have to live in the United States from age 14 to 26 to retain his U.S. citizenship.

No such requirement

He said further that the relevant law was repealed in 1978 and such a requirement was no longer necessary.

Crimarco, who has been called as a witness by Vaz, has contradicted the evidence given by American law expert, Professor David Rowe. Rowe was called as a witness by People's National Party candidate Abe Daboub.

Rowe had testified earlier this month, at the election petition hearing in the Supreme Court, that a person who obtained American citizenship through one of his parents, as Vaz did, would have to live in the U.S. from age 14 to 26 to retain it. Rowe said if that was not done then, when the person applied to renew his passport, there was an oath on the passport form and that amounted to acknowledging allegiance to the U.S.

On being questioned Thursday by attorney-at-law Ransford Braham, who represents Vaz, as to whether the U.S. 1544 Code implicitly stated that, in order for one to have a U.S. passport one must have allegiance to the U.S., Crimarco replied "to my knowledge it says nothing of the kind".

In breach of Jamaican Constitution

Dabdoub is contending that, because Vaz has U.S. citizenship, he was in breach of the Constitution of Jamaica and was not entitled to be a Member of Parliament because he had pledged allegiance to a foreign power.

Crimarco, who is a member of the Florida Bar, on being cross-examined by attorney-at-law Jalil Dabdoub, who represents Mr. Dabdoub, said he agreed that the rules governing the Florida Bar stated that a lawyer should not knowingly make a false statement of fact or law to a tribunal.

He admitted that a U.S. citizen could renounce citizenship by performing certain acts. He said a person living in Jamaica, who wishes to renounce his U.S. citizenship, would have to go to the U.S. Consul and fill out the appropriate form to do so. The form, when completed, would be sent to the U.S. Department of State in Washington.

He said, prior to the case now before the court, he did not have an attorney-client relationship with Vaz and he did not tell Abe Dabdoub in February last year that he had such a relationship with Vaz. He said he did tell Abe Dabdoub that Vaz had said he (Crimarco) told Abe Dabdoub that he (Vaz) was a U.S. citizen.

Yesterday Crimarco complained that, in respect to certain questions being asked by Jalil Dabdoub, his professional integrity was being impugned and commented further that Jalil Dabdoub was being confused by his father (Abe Dabdoub) who was sitting behind him.

Chief Justice Zaila McCalla warned that cross-talk would not be tolerated.