Omar Anderson, Gleaner Writer
THE SUPREME Court yesterday overturned an injunction barring Portland Deputy Mayor Rupert Kelly from assuming office as mayor.
A People's National Party (PNP) councillor in the Portland Parish Council had filed a motion in the Supreme Court preventing the deputy mayor from taking office.
Mr. Kelly should have assumed office in June following the resignation of Alston Hunter, of the Manchioneal division, who made good on a promise to resign if PNP councillors took his administration to court.
But Councillor Benny White of the Fellowship division, a former Jamaica Labour Party (JLP) councillor who switched allegiance recently, successfully delayed Mr. Kelly's ascension to the top Portland municipal post.
Yesterday, Supreme Court judge Mrs. Justice Marjorie Cole-Smith set aside the injunction and fixed September 30 this year to hear the case.
"It's not a setback," Mr. White told The Gleaner yesterday. "At the next court date, the court will determine whether what we did was right in removing Mr. Kelly."
FREE TO ASSUME OFFICE
As a result of yesterday's ruling, Mr. Kelly, who is from the Hope Bay division, is free to assume office as chairman of the Portland Parish Council until, at least, the next court date.
"We had no doubt this would have been the result based on the Parish Council Act," Mr. Kelly said yesterday in referring to sections 92 and 93 of the act. The act states that a deputy mayor can immediately succeed a mayor who has resigned or been removed from office.
Mr. Kelly said he was confident the judge would have upheld those sections of the Parish Council Act.
He added, however, that the continuing court battle among Portland councillors would only worsen relationships.
"We (JLP councillors) are conscious we will be presiding over a hostile political parish council," Mayor Kelly said.
Yesterday Mrs. Justice Cole-Smith said the injunction was overturned because the applicant (Mr. White) did not establish that his legal right was being threatened. The judge also said there was not a serious issue to be tried and that the Parish Council Act was clear in allowing Mr. Kelly to assume office.
The new Portland Mayor was represented by attorney-at-law Harold Brady of the law firm Brady & Company, while Mr. White was represented by attorney-at-law Wanda Joseph of the law firm Chancellor & Company. Patrick Foster, acting Deputy Solicitor General and assistant Attorney-General May Hue, represented the Portland Parish Council.
