Mitchell pursues stay of execution

PHYLLIS MITCHELL, the Member of Parliament who was unseated last month by a Supreme Court ruling is pursuing her application for a stay of execution although attorney, Abe Dabdoub, her opponent, has since been sworn in as a Member of Parliament.

When the application came for hearing yesterday before Justice Basil Reid in chambers at the Supreme Court, an adjournment was granted until today. The parties asked for an adjournment on the ground that they needed time to respond to affidavits which were filed on Friday and yesterday.

Mr. Dabdoub, the Jamaica Labour Party candidate for the Northeast St. Catherine constituency in the December 1997 elections had filed a petition in the Supreme Court, contending that because of irregularities he should be declared the winner instead of Mrs. Mitchell, the People's National Party candidate. Mrs. Mitchell had won by 30 votes.

On June 29, Mr. Justice Reid ruled that Mr. Dabdoub should be declared the winner.

Mrs. Mitchell appealed the ruling and filed a summons in the Supreme Court seeking a stay of execution but withdrew the summons after her lawyers and the Solicitor-General had relied on the case of Brown v Trelawny Parish Council which stated that a stay of execution was automatic once an appeal had been filed.

Mr. Dabdoub challenged the matter and the Court of Appeal ruled last week Tuesday that there was no stay when an appeal was filed. Mr. Dabdoub was sworn in later that day.

Last week Tuesday Mrs. Mitchell filed a summons seeking a stay of execution.

Mrs. Mitchell is being represented at the hearing in chambers by Ian Ramsay, Q.C., and attorneys, Jacqueline Samuels Brown and Walter Scott.

The application for the stay is being challenged by Winston Spaulding, Q.C. and attorney, Ernest Smith, who are representing Mr. Dabdoub.

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