Breaking News PNP Candidate For Cheshire Hall Amanda Misick wins her Case
Posted in TCI POST on 15th of March
The TCI POST can report as a fact that Amanda Misick has won her case in the Supreme Court and as a result will be able to run in the March 22nd By-Election.
The Opposition PDM and the Attorney General Chambers alleged that due to her late notice to the Integrity Commission three days after nomination day she was automatically disqualified from running in the By-Election.
Amanda Misick Lawyers argued that due to her previous filing with the Integrity Commission for the November 9 2012 general elections she was not required to file a new notice since she had nothing new to declare and that the By-election was a continuation of the General Election.
In support of their argument Ariel Misick representing Amanda Misick drew to the court’s attention section 63 of the Elections Ordinance which states:
If the Judge determines that an election was void and a writ for a new election is issued, that election is deemed to be held as a part of the last general election held preceding the issue of the writ.”
High Court Judge Margret Ramsey-Hale had previously ruled that the Election in the Cheshire Hall constituency was void due to the participation of Dr. Edward Smith who had dual nationality at the time and was in contravention of the constitution. Amanda Misick won that election by 30 votes.
Amanda Layers further argued that:
Amanda Missick was duly nominated as a candidate for the election to be held on March 22nd 2013. She was not a party to any contract with Government. If she was a party to such a contract, she gave notice of such contract to the Integrity Commission in October 2012 when she filed her notice to participate in the Nov 9 2012 general elections.
It appears that this argument prevailed before the Chief Justice and Amanda Misick is now free to run in the upcoming by-election.
I have not yet seen the full judgment but folks, when I do it will be posted right here for all to see. JG