Monday, September 18, 2006

ST GEORGE'S, Grenada: The Government of Grenada said last week that it is not satisfied with the ruling handed down by the High Court in the case involving NDC's Parliamentary Representative for the Town of St. George and said they will have the case appealed.

The High Court in Grenada dismissed a constitutional motion brought against NDC Parliamentary Representative for the Town of St George Peter David.

David was challenged by the government who labelled him as unconstitutionally unfit to contest elections at the last poll three years ago, being a holder of a Canadian citizenship at that time.

High Court Judge Justice Kenneth Benjamin last week in his judgment, upheld the argument brought by the team of defence lawyers headed by Dr Francis Alexis.

Dr Francis argued that the Court had no jurisdiction to prolong the matter in the absence of an election petition.

The High Court Judge ruled that, based on elections law, a challenge to the election of any MP must come within weeks of the poll.

According to reports, Grenada's electoral regulations provide for a petition to be filed within 21 days if any person has a genuine concern about the results.

"This matter has nothing to do with an election petition. Mr David concealed his citizenship and we found out, so we are challenging the legality of his citizenship back then and not the result of the election," said Hugh Wildman, who explained that the action had to be taken to the Court two years late, because the Supervisor of Election did not investigate any of the persons contesting the 2003 elections.

Justice Benjamin explained that not only was the matter filed almost two years after the election results were pronounced, but that the complainant failed to follow the correct procedure when filing the matter.

Meantime the Attorney General Elvin Nimrod, said Section 31 of the Grenada Constitution says no person with dual citizenship should hold a public office.

Nimrod was accused by lawyers representing David of being misguided because, if dual citizenship holders are barred from contesting elections in Grenada, why does section 30 of the constitution say Commonwealth citizens are allowed.

David, in expressing his satisfaction with the judge's ruling, said he was also confident of success in the matter.

In addition to dismissing the case, David was awarded $10,000,000 in costs.

David was represented in Court by Dr Francis Alexis, Anslem Clouden, Lloyd Noel, Ruggles Ferguson and Jamaican Q.C Dr. Barnette.

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