Mitchell to continue as MP - Until appeal against Election Court ruling is heard ACTING SPEAKER of the House of Representatives O.T. Williams, confirmed on Tuesday that Phyllis Mitchell will continue as Member of Parliament for North East St. Catherine, despite the recent Election Court ruling handing the seat to Abe Dabdoub. Mr. Williams cited a letter from Solicitor General Michael Hylton to the Clerk to Parliament, Shirley Lewis, which advised that "no steps should be taken to swear in Mr. Dabdoub as the Member of Parliament." (This was reported by The Gleaner on Saturday, July 10). Mr. Dabdoub contested the seat for the Jamaica Labour Party (JLP) against Mrs. Mitchell of the People's National Party (PNP) in the 1997 general election. Mr. Hylton advised that the swearing in should be postponed until and unless the appeal against the court's decision is disposed of; or the court hands down a decision which overrules the decision in Brown v Trelawny Parish Council, the case which guided the Solicitor General's opinion. Minister of National Security and Justice, K.D. Knight, said that the ruling of the Solicitor General did not overrule the decision of the Election Court, but was derived from that which was held by the judge in the case of Brown v Trelawny Parish Council, which was never challenged or overruled. He was responding to a question from Leader of Opposition Business Derrick Smith, as to whether Mr. Hylton's opinion overruled the Election Court judgment of Mr. Justice Basil Reid. Mr. Reid reversed the original 1997 general election results and awarded the seat to Mr. Dabdoub on June 29, citing voting irregularities. Mr. Smith also asked the Speaker whether his decision meant that Mrs. Mitchell would remain as the M.P. for the constituency Mr. Williams said that he would need guidance, but that his personal judgment is that, until the matter is settled by the court, Mrs. Mitchell will remain as the M.P. He was supported by Mr. Knight who said that no alteration could be made until the matter is disposed of. Mr. Smith said that the situation was not acceptable to the JLP. Last week Mr. Williams had put off swearing in Mr. Dabdoub to yesterday, as he said he had received the order from the Election Court too late. In a related development lawyers representing Phyllis Mitchell have withdrawn her application for a stay of execution of the order. Mrs. Mitchell's lawyers, Ian Ramsay, Q.C. and Walter Scott withdrew the application on the ground that Mrs. Mitchell had filed an appeal against the order and that operated as an automatic stay.
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