PEOPLE'S NATIONAL PARTY (PNP) caretaker for St Catherine North Eastern, Phyllis Mitchell, yesterday received the green light from the Court of Appeal to challenge Gregory Mair's eligibility to sit in Parliament.

With the Appeals Court win, another Jamaica Labour Party (JLP) seat has been placed under threat, presenting the potential for the Government's narrow four-seat margin to be even further reduced and for an early election to be called.

Mitchell is expected to pursue an election petition in the Supreme Court, in an attempt to establish that Mair has dual citizenship.

There are three other election-petition cases before the courts, two of which are alleging dual citizenship.

The JLP's West Portland Member of Parliament, Daryl Vaz, has already been ousted as a result of his dual citizenship, and is now appealing Chief Justice Zaila McCalla's ruling against him.

Mair had challenged the manner in which the petition was delivered, but the Court of Appeal found that he had been properly served by registered mail, in accordance with the Election Petitions Act.

Service took effect

The court held that service took effect on the date when the letter with the election petition and other documents were dispatched by registered post to the address given on Mair's nomination paper.

Mitchell contends in the petition, which was filed in the Supreme Court on October 1 last year, that Mair was not qualified to be elected to the House of Representatives because on nomination day, he was a Venezuelan national.

Mair was served with a copy of the petition while in Parliament on October 2, 2007. The election-petition documents were sent by registered mail on October 9, 2007, the address on Mair's nomination paper.

When Mair challenged the service of the petition, Senior Puisne Judge Marva McIntosh held that service of the documents in Parliament when it was in session was null and void.

However, the Court of Appeal comprising Justice Algernon Smith, Justice Karl Harrison and Justice Mahadev Dukharan overturned the judgment of the Supreme Court.

In their interpretation of the act, the Court of Appeal judges found that "the notice of presentation of the petition and other documents were served and given on the date when the letter containing them was dispatched by registered post."

No surprise

Chairman of the PNP, Robert Pickersgill said yesterday's decision by the Court of Appeal did not come as a surprise to the party.

The PNP chairman said his party had indicated its willingness to hold talks with the Government on dual-citizenship cases.

But while the PNP has signalled that it would sit at the table with the Government to discuss the latest developments, Pickersgill said Prime Minister Bruce Golding had sent mixed signals on the matter.

The PNP chairman argued Golding had said he would be willing to govern with a single majority, but later changed his position, saying if the Court of Appeal handed the seat to Dabdoub, he might have to call a general election.

In this regard, Pickersgill said the party was "constantly under starter's orders and when that gun goes, we had better be ready to go".

General Secretary of the Jamaica Labour Party, Karl Samuda, said the party was not in a position to make an official comment on the latest developments.

He told The Gleaner yesterday that when the prime minister returned to the island next week, the party would discuss the issue and make a decision.