( L - R ) Mair, Mitchell

Thursday will be the kick-off date for the legal battle royal between People's National Party (PNP) candidate and caretaker for St Catherine North Eastern, Phyllis Mitchell, and sitting Jamaica Labour Party (JLP) Member of Parliament Gregory Mair.

An adjournment was granted Monday in the dual-citizenship case, one of at least two in the courts which could change the political balance in Parliament and trigger an early general election.

The dual-citizenship case which PNP candidate for Clarendon North Western, Richard Azan, has brought against MP Michael Stern came before Justice Lloyd Hibbert in chambers yesterday. That four-day hearing has been set to commence July 27.

Consensus

The Mitchell-Mair hearing was put off until Thursday after the lawyers representing the parties agreed to present written submissions, which they said would expedite the proceedings.

Supreme Court judge Horace Marsh then adjourned the hearing. Following the general election on September 3, 2007, Mitchell filed an election petition contending that Mair was a Venezuelan national and was not entitled under law to be an MP.

Attorney-at-law Kirk Anderson told The Gleaner Monday that Stern was still pursuing his appeal to the United Kingdom Privy Council by way of special leave.

Stern is appealing against a Court of Appeal ruling this year, which saw his appeal to have the petition struck out quashed. Stern will be asking the Privy Council to strike out the petition because he was not furnished with better particulars in accordance with Section 8 of the Election Petition Act.

Senior Puisne Judge Marva McIntosh had turned down the initial application. Stern appealed and the Court of Appeal ruled this year that the furnishing of the particulars was not mandatory.

Attorneys-at-law Abe Dabdoub and Chumu Paris, who are representing Azan, said the points raised were not of general public importance and should not go to the Privy Council.

Anderson said an application will be made in the Supreme Court for the hearing to be stayed pending the outcome of Stern's application to the Privy Council.

So far, one dual-citizenship case, brought by PNP candidate Abe Dabdoub against JLP MP Daryl Vaz, has been disposed of.

Chief Justice Zaila McCalla ruled last year that there should be a by-election because Vaz had American citizenship and had pledged allegiance to a foreign power. The Court of Appeal upheld the ruling. A by-election was held for the West Portland constituency in March. Vaz won the seat.

The citizenship cases are particularly important because of the governing party's slim parliamentary majority. Currently, the JLP has 32 spots in the 60-seat Parliament.

barbara.gayle@gleanerjm.com