THE attempt by Donovan Hamilton, the Jamaica Labour Party (JLP) candidate for West Hanover, to have sitting Member of Parliament Ian Hayles booted from his seat in the country's legislature has hit a snag.

Hamilton told The Gleaner that the case was not heard because he had not served Hayles with the court documents within time. Hamilton had filed a constitutional motion charging that Hayles was not qualified to be elected to Parliament as he was a United States citizen at the time of his nomination for the 2007 general election.

"We knew it was going to be that way but we are looking to set a new date," Hamilton told The Gleaner yesterday.

However, Hayles, a member of the Opposition People's National Party (PNP), has said he is not worried by the case brought against him and has moved to have it dismissed.

"I moved to strike it out because it does not have a leg to stand on," Hayles told The Gleaner.

He said that his attorney, Abe Dabdoub, has pulled on 27 existing cases which would be the basis of defence should the case get beyond the chamber of the judge.

Meantime, Hamilton has pledged not to give up on his bid to have Hayles thrown out of Parliament.

by-election

"I would not be doing the people any good if I give up. I will fight it to the very end," he said.

Hamilton has asked that the court boot Hayles and declare a by-election in Western Hanover.

However, Hayles has said he had renounced his US citizenship when he was nominated. He has also argued that the way in which Hamilton is seeking to have him removed from Parliament is via an election petition, which should have been be filed within 21 days of his election.