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February 2 is the first date set by the High Court for government's legal attempt to evict barrister-at-law, Peter David from the House of Representative as the legitimate holder of the post of Member of Parliament for the Town of St. George. David, a member of the main opposition National Democratic Congress (NDC) is facing a constitutional motion that was filed in the high court by Attorney General, Elvin Nimrod. The motion is seeking to get the parliamentarian removed from the house that he holds Canadian citizenship and was not entitled to contest the November 2003 general elections in which he whipped the incumbent, Tourism Minister Brenda Hood of the governing New National Party (NNP). David is insisting that he did nothing wrong in that Canada is a Commonwealth country and the Grenada Constitution makes provisions for persons from the Commonwealth to contest local elections. The suit as filed by the Attorney-General alleges that David was elected to the city seat in breach of Section 31 (1) (a) of the Grenada Constitution Order of 1973. It states that "no person shall be elected as a member of the House of Representatives if he is, by virtue of allegiance, obedience or adherence to a foreign power or state". Nimrod is seeking a high court declaration that David "was ineligible" to be nominated as a candidate for the constituency as the holder of Canadian citizenship and that his subsequent election should be declared as "null and void and of no effect". The suit also names Supervisor of Elections, Victor Ashby and Sen. Hood, who is hoping to regain the seat as the other respondents in the constitutional motion. The Attorney-General is relying on several persons including a police officer in his legal battles with David. An affidavit filed by Constable Neil Mc Queen who is attached to the Special Branch Department of the Royal Grenada Police Force (RGPF) made mention of statements made by the Opposition Member at a public meeting of the Congress party on October 29, 2005 on the Carenage. Mc Queen said that he was detailed to cover the meeting and heard David informing the gathering that he is of Canadian citizenship. Attorney-General Nimrod is also relying on the sworn statement made by Clythe Redhead, the mother-in-law of David. In her sworn statement, Redhead who now lives in Sauteurs, St. Patrick's said that she has known the defendant who is married to her daughter for over 19 years. She said that her daughter, Antonio Redhead, is a Canadian and assisted the 48-year old David "to acquire his Canadian citizenship in 1992". ".... Peter Charles David told me and I verily believe him that he acquired his Canadian citizenship in 1992", she added. David's own law firm, Ciboney Chambers is expetced to act on his behalf in the constitutional motion that was filed by the Attorney-General.
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