Barbara Gayle, Staff Reporter

( L - R ) Mair, Mitchell

Jamaica Labour Party (JLP) Member of Parliament Gregory Mair scored a major victory yesterday when Senior Puisne Judge Marva McIntosh ruled that the election petition served on him alleging that he has dual citizenship was not served in accordance with the law.

Phyllis Mitchell, the People's National Party (PNP) candidate for the North East St. Catherine constituency, had filed a petition in the Supreme Court, seeking to have Mair ousted as MP.

"I am extremely happy with the ruling, as I can continue with the business of the people," Mr. Mair said yesterday. He commented further that the case was quite distracting for him.

The judge has given Mitchell leave to appeal her ruling and has promised to give her reasons in writing later this week.

Yesterday's ruling means that the election petition can only proceed if the Court of Appeal reverses the ruling.

Mair had sought to have the petition struck out on the grounds that he was not properly served. The judge did not grant an order striking out the petition.

Lawyers have explained that once the petition was not properly served, that was the end of the matter, and there was no need to strike out the petition since it was not properly served. The lawyers said there was a specified time in which an election petition must be filed and served after the general election and that was within 21 days. The general election which the JLP won was held on September 3.

"Mrs. Mitchell cannot go ahead now and serve the petition on Mair because she would be out of time," one lawyer explained.

Mair, who was represented by the law firm Livingston, Alexander and Levy, had contended that he was served with the claim form for the election petition while he was sitting in Parliament. Attorney-at-law Ransford Braham argued that the law was clear that civil processes could be served in Parliament.

The lawyers representing Mitchell had argued that a copy of the petition was left at the offices at Parliament but the petition was also sent by post to an address in the constituency which Mair had given to the Electoral Office.

Mitchell contended in the petition that Mair had Venezuelan citizenship and, therefore, was not entitled under the Constitution to be a Member of Parliament because he had sworn allegiance to a foreign country.

Two other election petitions alleging that JLP MPs have dual citizenship, are pending in the Supreme Court. PNP candidate Abe Dabdoub has brought an election petition against Daryl Vaz while businessman and former MP Manley Bowen has brought an election petition against Shahine Robinson, seeking to have PNP candidate Oswest Senior Smith returned as MP.