In Devon Dick's article titled 'Change MPs role' carried in The Gleaner of June 11, he indicated that the by-election to take place in North East St Catherine should be considered a rerun of the original election rather than a by-election and, as such, the original candidates should be the ones seeking to fill the vacancy declared by the courts.

This argument is fraught with danger. Suppose the candidate who was deemed ineligible refused to bring his status into conformity required by the Constitution? Should that candidate be allowed to stand? The answer clearly is no.

If the original candidates are the only ones to be considered it has to follow that a legitimate election took place with only one qualified candidate standing and, therefore, that candidate should be declared the winner. The courts in essence took the position that a legitimate election did not take place and has ordered that such an election should now take place with candidates who at the time of the new nomination satisfy the requirements of the constitution. Such a ruling places no constraints on who the candidates should be, except that the requirements of the Constitution should be observed.

I am, etc.,

Peter-John Gordon

pjmgordon@hotmail.com