The ruling of the Appellant Court – upholding the earlier ruling of Chief Justice, Zaila McCalla, in the Vaz Dabdoub case – to my mind speaks volumes and suggests something wrong is going on. Even though Justice McCalla, found that: in the West Portland Constituency one of the two candidates namely, Mr Daryl Vaz, was NOT a qualified candidate as per our constitution, she still ordered a by election. How come?
It is elementary that the ONLY qualified candidate namely, Mr. Abe Dabdoub, would be given the victory as it is done say in sports events.
Justice Panton tells us that the court decision was based ‘partly on’ the ruling of C.J. Kenneth Smith, in the Matterson vs Junor case. Weren’t both candidates Mattison and Junor qualified to contest the election as per our constitution? Educate me. The arguments that: (1) the Director of Election Mr. Walker, ‘erroneously’ declared Mr. Vaz a qualified candidate, should not stand. (2) The idea that the court was not sure/satisfied that sufficient notice was given to the electors of West Portland as to Mr. Vaz’s qualification should not go against Mr. Dabdoub. Mr. Dabdoub has been victimized by our courts. He did all that the law would reasonably expect him or any citizen to do.
From this ruling it is now clear that the “will of the people” to elect their representative (even if the representatives are not qualified) take precedent over the law of the land.
It is puzzling to me that Justice Panton saw it fit, to go out on a limb, using tired, worn out words, from the real injustice meted out to Mr. Dabdoub. Telling those who are critical of the ruling of the (thin skinned) Court of Appeal that: the court would not be “bullied” by anyone and would continue to carry out its duties without fear or favour.” Following the line of the President of the Court of Appeal, I ask, did some person(s) or group try to “bully” the court? Judge Panton might be right that the court will not be “bullied”. However, given the level of corruption in our Society, I ask, ‘can the Court be bribed’? I say absolutely yes!
I it’s is high time we remove that veil of wholesomeness that is place on this elite bunch known as the judiciary. Mayor McKenzie is right (not his exact words) that, today in our country the corrupt and vile in society now hold their heads high while law abiding citizens hold their heads in shame. Failed leadership (FL) equals failed state (FS). We are almost there.
Authnel Reid, email@example.com