Hayles

THE PARLIAMENTARY status of Ian Hayles may soon be decided by the courts as the Jamaica Labour Party (JLP) has made good on a promise to have the judiciary determine whether he was qualified to be elected to Parliament in 2007.

Donovan Hamilton, the defeated Jamaica Labour Party candidate for West Hanover, has filed a constitutional motion against Hayles, the constituency's sitting member of parliament (MP).

Hamilton wants the court to boot Hayles as MP.

In the motion filed in court, Hamilton has claimed that Hayles held dual nationality at the time of his nomination and is not qualified to sit in the House of Representatives.

The motion was filed in the Supreme Court on September 3 by Ernest Smith and Company. It states that Hayles is the holder of a United States passport which is an infringement of Section 41 of the Constitution.

entitled to redress

The motion said that pursuant to Section 44 of the Constitution of Jamaica, Hamilton is entitled to redress. Hamilton has asked that the court declare the seat vacant and order that a by-election be held under the Constitution.

Hayles told The Sunday Gleaner on Friday that he had heard about the developments but had not been formally notified of any court action against him.

"I have not been served," was all the opposition MP was prepared to say when contacted by The Sunday Gleaner.

Hamilton said he could not speak to whether court papers had been served, but said he was confident Hayles knew of the development.

"I do know that Mr Hayles knows that the motion has been filed. I can't say how he has been informed, but it is believed that he may have been informed by parliamentarians," Hamilton said.

Last week, JLP General Secretary Karl Samuda told The Gleaner that the matter against Hayles was "proceeding according to plan". He said, "Mr Hayles is the one being attended to at this time."

Hayles won West Hanover for the People's National Party (PNP) in the 2007 general election by 193 votes. However, his position as MP has been tenuous since the JLP indicated it would be taking a constitutional motion to court to have him disqualified.

voluntarily surrendered

Hayles was a citizen of the United States of America, but he has claimed that before nomination day in 2007, he voluntarily surrendered his United States citizenship.

Dragging Hayles to court is the latest twist in the dual-citizenship saga, which has occupied public discourse since 2007.

The JLP decided to go after Hayles and South Central St Catherine MP Sharon Hay-Webster after the PNP dragged four JLP MPs to court. Three of these members - Daryl Vaz, Gregory Mair and Michael Stern - were disqualified from sitting in Parliament as the court found that they had pledged allegiance to foreign powers, which is prohibited under the Constitution. The stripped MPs subsequently renounced their foreign citizenship and were re-elected to the House of Representatives after by-elections were ordered in their constituencies.

similar case

Another JLP member, Shahine Robinson, MP for North East St Ann, is before the court on similar grounds.

Hamilton told The Sunday Gleaner that should the court declare the seat vacant, he would be the JLP's candidate in West Hanover. He poured cold water on suggestions that he might be replaced in a possible election by Joan Gordon-Webley, executive director of the National Solid Waste Management Authority.

"Nobody will run but me. There is no doubt about it. There is no maybe; there is no if; there is no but. When the by-election is called, I will run in the by-election and nobody else. That is non-negotiable," Hamilton said.

daraine.luton@gleanerjm.com