Barbara Gayle, Staff Reporter

Vaz (left) andDabdoub (right)

The lawsuit filed by People's National Party (PNP) candidate Abe Dabdoub, challenging the nomination of Jamaica Labour Party (JLP) candidate Daryl Vaz, has been set for hearing on October 16 in the Supreme Court.

During the hearing in chambers yesterday, Dabdoub's lawyers asked Chief Justice Zaila McCalla to consider making an order that Vaz, who won the election in the West Portland constituency, should not take the oath of office as Member of Parliament.

The Chief Justice refused, saying that for such an order to be considered the proper application would have to be made and so far that was not done.

Legal procedure

The legal procedure is that, before an injunction can be sought, legal documents requesting the order would first have to be filed in the Supreme Court Registry.

The suit was filed on August 29 and yesterday was the first hearing of the suit in which Dabdoub is contending that Vaz is the holder of a passport issued by the United States Government.

Directions were given by the Chief Justice as to how the matter should proceed. The Chief Justice directed that the suit must be heard before a judge in open court from October 16 to 19.

After hearing legal arguments from attorney-at-law Gayle Nelson, who represents Dabdoub, and attorneys-at-law Oswald James and Harold Brady, who represents Vaz, the Chief Justice also ordered that there should be disclosures of all documents relevant to the case.

Dabdoub is seeking to be returned as the duly nominated and elected Member of Parliament on the grounds that Vaz was not properly nominated because of his alleged dual citizenship.

He contends further that, by virtue of Vaz's own act, he was under an acknowledgement of allegiance, obedience or adherence to a foreign power or state in contravention of Section 40 of the Jamaican Constitution.

barbara.gayle@gleanerjm.com