Hayles

Member of Parliament for West Hanover, Ian Hayles, is seeking to throw out the constitutional motion filed by Jamaica Labour Party candidate Donovan Hamilton, who is seeking to oust him from Parliament.

Hamilton is contending that Hayles has dual citizenship and so was not entitled to be an MP when he ran for the seat in the 2007 election. The case came for hearing last month in the Supreme Court but had to be put off because Hayles was not served with the court documents within the specified time.

No jurisdiction

Attorneys-at-law Gayle Nelson and Abe Dabdoub, who are representing Hayles, are seeking to have the motion set aside on the grounds that the court has no jurisdiction to hear the matter because the proper procedures had not been followed.

Hayles is contending that the motion was filed out of time because Hamilton took too long after the September 3, 2007 general elections to file the claim.

On Wednesday, the matter came before Justice Gloria Smith in chambers and was put off to November 17. The judge said the issue of jurisdiction will have to be heard first. Hamilton is asking the court to declare a by-election in Western Hanover.

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

barbara.gayle@gleanerjm.com