The Court of Appeal has delivered a bitter blow to the Keith Mitchell government in Grenada who is trying to use the issue of dual citizenship to prevent opposition member, Peter David from retaining the Town of St. George constituency.
In a ruling handed down on Monday, the Justices of Appeal handed down a ruling in David's favour which virtually brings an end in the court battle that has been going on for the past two years.
According to the judgement handed down, "the Court is denied of jurisdiction by the clear language of the Grenada Constitution and in those circumstances must dismiss the application for an extension of time by the appellant/applicant" to file papers in the David matter.
David reacted to the decision by describing it as "a sweet victory" that came hours after Prime Minister Mitchell announced July 8 as the date for fresh elections on the island.
"What a sweet victory it is and on Nomination Day my name will be on the Nomination Form and on election day my name will be on the Ballot and on July 9 I will be an MP in parliament", he said.
The ruling New National Party government through Legal Advisor to Cabinet, Hugh Wildman of Jamaica has been trying to get the town seat that David won handed over to Works Minister, Senator Brenda Hood whom he defeated in the 2003 general elections.
The administration was contending that David, who was born in Grenada but took out Canadian citizenship is not qualified to sit in the Houses of Parliament.
The Grenada Constitution makes provisions for citizens of Canada and other Commonwealth countries to participate in the island's electoral process. Former Finance Minister, George Hosten who served in the 1970's with the Grenada United Labour Party (GULP) government held Canadian citizenship while serving as the Member of Parliament for St. George North-west.
The then sitting High Court judge, Justice Kenneth Benjamin threw out the legal challenge against David by the State on the grounds that there defects in the procedure used to seek adjudication in the matter.
David thanked all those who supported him through his ordeal particularly his legal representatives whom he said have always assured him that he had a solid case and that this day will come.
He assured the residents of the Town of St. George as the campaign begins for the 2008 general elections that he will be focusing on the things that concerns them.
He also had a word of advice to his detractors who are seeking to prevent him from holding onto the constituency. "I want to also say to those who try to remove me that it's an absolute waste of government's expenditure that it reflects mismanagement that takes place in this country and I think the fitting thing that can be done is for the Attorney General along with Mr Wildman to resign", he said.
The defeat for the Mitchell government was the fifth application of its sort by the State to have been dismissed by the law courts since the Peter David saga started in January 2006.
Attorney-at-law, Ruggles Ferguson, one of the lawyers for David, himself a barrister-at-law by profession, told reporters that the legal cost built up by the administration in the fight against his client had now exceeded EC$20,000.00.
"The first respondent Peter David Charles is awarded his costs to be taxed if not agreed," the judgement said. David said he believes the case was brought against him only for political and vindictive reasons by the Mitchell government.
"So I want to call on those who engineered this case to do the honourable thing and step aside", he remarked. Ferguson suggested that the NNP regime had tried to use the David issue to try and create doubt in the minds of Grenadians as to whether or not one should take the risk by voting for the NDC candidate in the upcoming general election.
The attorney urged Prime Minister Mitchell to reconsider his earlier position in which he stated that not one cent will be paid to David in legal costs although the Court has ordered it.
Noted constitutional lawyer, Dr Francis Alexis, another of David's legal team, said the application field by the State was misconceived and not acceptable in law. He stated that the ruling by the Court of Appeal has virtually brought an end to any further action from to the State to hamper David from participating in the July 8 election since "he is properly seated in parliament".
According to Dr. Alexis, the Grenada constitution knows nothing about being a Grenadian as the criteria for participating in elections but rather speaks of a Commonwealth citizen as the qualification and that the constitution is as clear as can be on the issue.
A few weeks ago, Wildman repeated his vow to do everything possible to ensure that David is not allowed to seek re-election to the Town of St George in the upcoming election.
Attempts to reach Wildman for comment on the latest ruling proved futile. Supervisor of Elections, Nordica Mc Intyre told a local reporter on Monday that she had no power to prevent anyone from seeking nomination for the July 8 poll but rather that was an issue for the law courts to decide
