Supreme Court injunction blocks St. James MC from removing PNP campaign signs

 

The Supreme Court has granted an injunction blocking the St. James Municipal Corporation from removing election campaign signs belonging to opposition People's National Party (PNP) representatives.

 

In the ruling, which was handed down Monday, the court also gave the three prospective candidates - Dr. Andre Haughton, Janice Allen and Allan Bernard - permission to pursue a judicial review of the corporation's decision. 

 

Attorney Maurice McCurdy, who represents the candidates, says while the court granted the corporation permission to appeal, it refused a request to put the judgment on hold while the appeal is being considered. 

 

According to Mr. McCurdy, if the St. James Municipal Corporation removes any more posters of the applicants, it can be held in contempt of court. 

 

Last month, lawyers for the PNP candidates filed a motion seeking judicial review of the decision to remove the political posters in April. 

 

They have asked the court to quash the decision of the corporation to remove their advertising boards. They also want a review of the motion passed by the Finance Committee of the Municipal Corporation on April 9, prohibiting the display of advertising, pending an announcement of the elections; an order barring the corporation from interfering in the applicants' political advertising; and an order compelling the corporation to return, restore and reinstate their advertising. 

 

The three are also seeking general and aggravated damages. 

 

Chairman of the St. James Municipal Corporation, Richard Vernon, has argued that the order to remove political signs has more to do with governance rather than seeking to score political points. 

 

Mayor Vernon had, among other things, argued that the municipal authority had not given any approval for such displays. 

 

The Electoral Commission of Jamaica, which performs the duties of the political ombudsman, had written to Mayor Vernon on April 25, requesting that he provide a written explanation outlining the legal authority and basis for the decision to remove campaign posters. 

 

His attorneys pushed back against the request. 

 

In a strongly worded letter dated May 14, the lawyers for the mayor cited that, on review of the legislation, they could not find the basis upon which their clients were being asked to provide the relevant explanations.