Professor Errol Miller, chairman of the Electoral Commission of Jamaica (ECJ), says that body is awaiting judgments of ongoing dual citizenship court cases to determine the fate of Danville Walker as director of elections.
Professor Miller admitted yesterday that Walker's dual citizenship status and his electoral post were overlooked by the commission, although there was a clause addressing such a scenario,in the Electoral Advisory Committee (EAC) Act.
The chairman was speaking at an ECJ press briefing at the Election Centre office on Dominica Drive, New Kingston.
No questions asked
"Our records show that nobody questioned the director (of elections) on this matter, neither was he asked, neither did he know," said Miller.
"This is all a matter coming out of discovery. And that is why we are saying, 'Look, let's have a determination in the courts without getting into all the details'," he added.
The chairman noted that this clause not only applies to the director of elections, but to everyone who has been a member of the EAC and the commissioner, since its inception.
Lawyers representing People's National Party candidate for Western Portland, Abe Dabdoub, questioned Walker's eligibility for the post.
His attorneys argued that, under Section 3 of the Electoral Commission (Interim) Act of 2006, Walker should be disqualified from holding the post of director of elections.
The section noted that a person will be disqualified from holding the post if that person is not a citizen of Jamaica, not resident in Jamaica, or by his own act, has acknowledged allegiance, obedience or adherence to a foreign power or state.