THE Court of Appeal yesterday ruled that the dual citizenship case against PNP member of parliament Ian Hayles should go to trial.
The case was brought against Hayles by Donovan Earl Hamilton, the losing JLP candidate for the West Hanover constituency in the September 2007 general elections.
Hayles had taken the case to the Court of Appeal, saying that the 21-day period had passed for the application to have him disqualified and the dual citizenship matter should not be tried.
Hayles is accused of having United States citizenship at the time of his nomination for the 2007 general elections.
A disappointed Hayles said yesterday that he would be challenging the court’s decision as justice was not done.
“I am taking it all the way to the Privy Council (based in the United Kingdom); the case is so clear cut but everything in Jamaica involves politics, so I’m going to the Privy Council. The Court of Appeal sent it back to the lower court but I’m not going there, I’m going to England,” he said.
The Election Petition Act states that a petition must be filed within 21 days of the return of a candidate. Hamilton’s application was filed in September last year, two years after the election results.
Ransford Braham, Hamilton’s lawyer, argued that the Election Petition Act was superseded by the Constitution, which prevents persons swearing allegiance to a foreign power from holding a seat in Parliament.
In addition, Braham argued that Section 21 of the Parliamentary Act allows for a request to be made to the High Court for the extension of time to allow for the filing of an election petition.
Hamilton filed the petition in September last year, claiming that Hayles was the holder of a US passport on nomination day in August 2007, which should have disqualified him from contesting the general elections.
Hayles, however, denied the allegations and filed a motion to have Hamilton’s application stuck out.
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