By Barbara Gayle and
Omar Anderson
, Gleaner Reporters 
Pearnel Charles (centre), Jamaica Labour Party leadership contender, speaks at a press conference at the Jamaica Pegasus Hotel, New Kingston, yesterday. He is flanked by Mike Henry (left), JLP member of Parliament for Clarendon Central, and Senator Norman Horne. - Rudolph Brown/ Chief Photographer
THE JAMAICA Labour Party (JLP) yesterday failed in its final attempt to have a Court of Appeal judge set aside the seven-day injunction which was granted on Wednesday to JLP leadership contender Pearnel Charles.
On Thursday night the JLP decided to call off its annual general conference scheduled for today, after Mr. Justice Donald McIntosh refused to overturn the ex parte injunction which he had granted in chambers at the Supreme Court to Mr. Charles. The injunction bars the party from having the election to choose a new leader to replace the outgoing Edward Seaga. The other leadership contender is Bruce Golding, JLP chairman.
JURISDICTION
The judge said on Thursday that he did not have the jurisdiction to set aside the injunction because the respondents were required by law to give Mr. Charles three clear days of their intention.
Mr. Charles had obtained the injunction after he filed an application contending that more than 2,000 persons on the delegates' list that would have been used in the election were illegally added.
A member of the legal team representing the JLP said yesterday that after Mr. Charles has been served, they will be returning to the Supreme Court next week Wednesday for a hearing.
After the respondents' lawyers Patrick Atkinson and Clive Mullings filed the appeal yesterday in the Court of Appeal Registry, Justice Algernon reviewed the documents and ruled that he could not hear the application. The judge said the application for permission to appeal "may not be considered at this time," because the formal order of Justice McIntosh had not been exhibited and there was no indication that an application for permission to appeal was first made to the court below (the Supreme Court), in accordance with the Court of Appeal rules.
DISAPPOINTED
"I am disappointed that we have not had a chance to explain our position fully," Mr. Atkinson said yesterday. There is no official word as to when the conference will be rescheduled, with sources speculating that it could take weeks, perhaps months to finalise a new date. "These things take proper planning," one source noted. "There are people coming in from overseas ... we must be able to give advance notice to ensure a good turnout."
Speaking at a press conference at the Jamaica Pegasus Hotel, New Kingston, Mr. Charles said he felt obliged to ensure the protection of the party's constitution and its members' rights and that his court injunction halting what should have been today's election of a new party leader, will eventually benefit the party.
"I firmly believe that at the end of the day, our party will be stronger and will be a more democratic party," he said. "The precedent set here will guarantee that no leader now or in the future will be unconstitutionally elected."
