( L - R ) Dabdoub, Vaz
People's National Party candidate Abe Dabdoub has received the notes of evidence in the dual-citizenship case against Jamaica Labour Party Member of Parliament (MP) Daryl Vaz.
Daboub's lawyer, Gayle Nelson, said last Wednesday that he received the notes this week from Chief Justice Zaila McCalla, who heard the case in the Supreme Court. Nelson said he is still awaiting some of the exhibits in the case.
He said he will be making an application in the Court of Appeal for additional time in which to file the record of appeal.
Dabdoub and Vaz are appealing the chief justice's ruling. The appeal has been set for hearing on November 24.
A case-management conference was held in July and Court of Appeal Judge Dennis Morrison ordered that all the relevant documents, including the notes of evidence and exhibits, should be filed by October 10.
After the September 3 general election last year, Dabdoub filed an election petition claiming that Vaz was an American citizen and was not entitled under the Jamaican Constitution to be an MP.
The chief justice ruled on April 11 that Vaz was ineligible to sit in Parliament as he had pledged allegiance to a foreign power because he was the holder of a United States passport. The chief justice ordered that there should be a by-election in the West Portland constituency.
Dabdoub is appealing on the grounds that the chief justice erred in her decision because he should have been returned as the duly elected MP for the constituency.
Vaz will remain in Parliament until the appeal has been heard because he has been granted a stay of execution of the chief justice's ruling.