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PLP suffers blow in by-election dispute

A PLP bid to block Paget West UBP hopeful Patricia Gordon Pamplin from standing in the upcoming by-election was yesterday knocked back by Chief Justice Austin Ward.

And the decision has landed the PLP with a bill which could run into thousands of dollars by ordering the party to pay all the costs of the legal action.

Now ex-Senator Mrs. Gordon Pamplin can fight the March 31 contest -- but Mr.

Justice Ward left the door open for the PLP to try and have the result declared invalid if the UBP candidate holds the seat.

But the PLP yesterday vowed to go back to court after the election to get a ruling on the matter.

New UBP chairman Austin Woods said: "The Chief Justice dismissed, with costs, the PLP's application to have the petition heard before the date of the Paget West by-election.

"The Chief Justice said that, given the date of the by-election, he had no jurisdiction to hear the petition prior to the election.

"He also held that any questions relating to the conduct of the election should only be decided by the court after the election has taken place.'' And Mr. Woods added that Mr. Justice Ward also adjourned the UBP argument that the PLP's petition to have Mrs. Gordon Pamplin's candidacy declared invalid did not comply with the law relating to election petitions.

A PLP spokesman said last night: "Now we'll see what happens at the election and we will go back to court after the election. At this point, we have a date in court and we intend to honour that date.'' It is understood, however, that the PLP will only pursue the issue if Mrs.

Gordon Pamplin retains the seat for the UBP.

Mr. Woods said the result was good news for the UBP because it removed uncertainty over the by-election prior to the vote.

He added: "There were questions being asked and this decision has removed them before the vote.

"In our opinion, we've dealt with it. Our candidate will carry on as usual.

"Whether the PLP are going to continue with this or not after the election, I don't know.'' The hearing was held in secret in Mr. Justice Ward's chambers at Supreme Court yesterday morning.

Mrs. Gordon Pamplin was represented by Conyers, Dill and Pearman lawyer Narinder Hargun and the PLP were represented by Ian Kawaley of Milligan-Whyte and Smith.

The PLP swung into action minutes after the nominations for Mrs. Gordon Pamplin and PLP candidate George Scott were posted by Returning Officers at the Paget Primary School polling station last week.

The PLP claimed Mrs. Gordon Pamplin's nomination should not have been accepted by Returning Officers because she had not followed the letter of the law on her resignation.

PLP suffers legal blow in by-election row Party chiefs said the Constitution was clear that Mrs. Gordon Pamplin was required to notify Senate President Alf Oughton in writing of her resignation before offering herself as a candidate for the House of Assembly. Mr. Oughton said he received a faxed copy of a letter of resignation to Opposition Leader Pamela Gordon after the nomination period of 11 a.m. to 1 p.m. had ended.

The PLP -- who also named Parlimentary Registrar Marlene Christopher and the three Returning Officers on duty in Paget in their writ -- also argued that the Parliamentary Election Act said that no-one could be accepted as a Parliamentary candidate if they occupied a seat in Senate or the House of Assembly at the time.

The by-election was caused by the sudden death last month of sitting UBP Madeline Joell, 39, from a burst blood vessel in the brain. Ms Joell only joined running mate Tim Smith in the House after last November's General Election.