Skip to main content

Judgement Delivered - Court of Appeal

In the interest of widespread dissemination of a much-awaited judgment, we have facilitated easy access to the document. We do so without comment; so that you will not be influenced in arriving at your own conclusions.

Our analysis will be conveyed in another post. In the meanwhile, read the judgement in the context of the submissions made before the court. These have been posted earlier; so just scroll down and use the inset.



Comments

Anonymous said…
Ignorance of the law is no excuse. Did Mr Walker fail to follow up on the "misleading documents' in circulation . In Jamaican parlance 'even if it don't go so a near so. If he did the outcome would have been different today Was the timing inappropriate or what. No vote is ever wasted, what is wasted is the time taken to go though this Judicial exerise . The trend of dual citizenship referred to in Mr.Vaz's case is ridiculous, the trend is a fashion and fasion is not the law. The principle of the law must be upheld. I appreciate the several different cases that were referred to, and which pointed to the law in the summation of this case.

Popular posts from this blog

Tivoli COE: Clarifying the US Role

"The full extent of U.S. involvement in the operation remains unclear."                           Mattathias Schwartz, The New Yorker , August 3, 2012 That statement comes from the leading researcher on the role of the USA in the May 2010 military operation in Tivoli Gardens, Jamaica. The Tivoli Commission of Enquiry (COE)  cannot fulfill its mandate if it fails to clarify further the role the USA played in the operation. Clarification can come from a number of sources. Then Prime Minister & Minister of Defence, Bruce Golding, has given Schwartz a most interesting interview. However, there are certain assertions that the COE may wish to seek clarification. For example: Golding requested the US authorities  to provide "aerial surveillance"that would assist the security forces in managing the operation.Golding claims that he had in mind "satellite images." Clarify : The exact nature of the aerial s...

"Declaration" Not "Determination"

Both the Prime Minister and the Speaker of the House of Representatives have conveniently confused calls for declaration of citizenship status by Members of either House with the determination of questions as to membership of either House. The Chief Justice of Jamaica has determined that individuals who have renewed their US passports and travelled thereon are disqualified from being validly elected or appointed as a Member of either House. Proponents of the impotence of the Speaker, in the matter of requiring a declaration by individual members, have sought to rely on Section 44 (1) of the Constitution which states: Any question whether - a. any person has been validly elected or appointed as a member of either House; or b. any member of either House has vacated his seat therein or is required, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, to cease to exercise any of his functions as a member, shall be determined by the Supreme Court ...

Communication Error!

Jamaica Gleaner Contributor, Martin Henry has written an interesting article entitled “Victory for the rule of law” published on Sunday, April 20, 2008 . In his last paragraph Henry stated: " A troubled citizen's concerns about the legitimacy of laws passed in the past with the participation of MPs who may have been in Daryl Vaz's dual-allegiance position was published as The Letter of the Day by The Gleaner last Wednesday [April 16]. Lawyer Dr Paul Ashley made a great deal out of the same issue when we both appeared on the TV programme Impact on that same day. The Constitution dissolves these fears in the wisely anticipatory provision of Section 51 (2): "The presence or participation of any person not entitled to be present or to participate in the proceedings of the House shall not invalidate those proceedings." Interpreting legal provisions is an exercise fraught with dangers, especially if one is not acquainted with the rules governing interpretation. Without...