Robinson dumped from case

Former Member of parliament for North East St Ann, Shahine Robinson, has failed in her attempt to continue to be a party in the election petition which was brought against her.

Yesterday, Court of Appeal judge Dennis Morrison upheld submissions by the lawyers representing elector Manley Bowen that, under Section 16 of the Election Petitions Act, Robinson had no legal standing in the matter.

Bowen's lawyers, Abe Dabdoub and Raymond Clough, had argued that once Robinson had decided not to oppose the election petition claiming she had dual citizenship, she could no longer participate in the proceedings.

Attorneys-at-law Ransford Braham and Nesta Claire Smith had opposed the application.

In the meantime, a by-election cannot be called in the constituency as Bowen has obtained a stay of execution in the matter.

Friday ruling

Morrison said yesterday that, on Friday, he would rule whether the stay should continue until Bowen's appeal has been heard.

Councillor Neville Williams, of the Ocho Rios division in St Ann, is seeking to be joined as a respondent in the case. He is being represented by attorney-at-law Kent Gammon.

Morrison will also make a ruling on Friday as to whether Williams will be given the go-ahead to be a respondent.

Williams wants to oppose Bowen's appeal for the seat to be awarded to the People's National Party candidate, Oswest Senior Smith.

Bowen's lawyers are contending that they were not given an opportunity to ask for a declaration that the seat should go to Senior Smith.

Jones declared the seat vacant last month after Robinson's notice of intention not to oppose the election petition was gazetted. The judge described Robinson's defence as an abuse of the process of the court.

After the September 3, 2007 general election, Bowen had filed an election petition contending that Robinson had dual citizenship and was not entitled to sit in Parliament. Bowen said Robinson was an American citizen when she was nominated for the election.

barbara.gayle@gleanerjm.com