Member of Parliament Michael Stern did not get the green light yesterday from the Court of Appeal to go to the United Kingdom Privy Council to challenge an election petition.

"Stern will be going to the Privy Council by way of special leave," attorney-at-law Kirk Anderson told The Gleaner yesterday.

This means Stern will have to apply directly to the Privy Council to have his case heard.

Not of public importance

Attorneys-at-law Abe Dabdoub and Chumu Paris, who represented People's National Party candidate Richard Azan, said the points raised were not of general public importance and should not go to the Privy Council. The Court of Appeal agreed.

After the September 3, 2007 general election, Azan filed an election petition contending that Stern had dual citizenship and was not qualified to be a member of parliament.

The petition is pending in the Supreme Court.

Stern applied to the Supreme Court to have the petition struck out. He claimed that he was not furnished with the particulars of the claim in accordance with Section 8 of the Election Petition Act.

Senior Puisne Judge Marva McIntosh refused to strike out the petition.

In December last year, the Court of Appeal dismissed his appeal and held that the furnishing of the particulars was not mandatory.

Stern then sought leave to go to the Privy Council to challenge the court's ruling.