THE Supreme Court ruled yesterday that there were procedural breaches in the July 2004 meeting of the Portland Parish Council in which Mayor Alston Hunter was ousted following a no-confidence motion.

“The court held that the procedure adopted to remove the mayor and deputy mayor was improper, even though the special meeting to remove him was properly called,” said Harold Brady, who represented Hunter. Brady told the Observer following court ruling yesterday that the Jamaica Labour Party had applied to the courts to quash the decision on the grounds that procedure adopted was “unlawful, wrongful, and therefore illegal”.

According to Brady, the court also held that “the attempt by the mayor (Hunter) to adjourn the meeting was not lawful”.

He said the adjournment left the way opened for the five councillors to move the no-confidence motion, but the procedure adopted was not proper.

Benny White, a teacher and then Jamaica Labour Party (JLP) councillor for the Fellowship Division in Portland, backed by the four People’s National Party (PNP) councillors, supported a no-confidence motion that led to the removal of Hunter.

White was elected mayor, with the PNP’s Dexter Roland as his deputy. However, he never assumed the position of mayor and chairman of the Portland Parish Council, as Hunter, with the full support of the JLP, challenged the validity of the process which removed him and installed White.

Hunter sought and received a court order, barring White from taking the mayor’s chair, and numerous court dates during the period did not resolve the issue.

White, who was hauled before the JLP’s disciplinary committee over the matter, resigned from the party in March, but has remained as a councillor.

White could not be reached yesterday, however in a previous interview with the Observer he said the meeting at which Hunter was removed, he took advice from the Attorney-General’s Department on the procedure. He did not say who from the department gave the advice.

Although yesterday’s ruling has ended the almost year-long dispute which seriously affected the running of the council, the Jamaica Labour Party was mindful yesterday that with the resignation of White from the party and with both the PNP and JLP both having four councillors there could be more problems.

Senator Dwight Nelson, the opposition spokesman on information, said the JLP would be trying to facilitate discourse to diffuse any further problems in the troubled council, as the ruling has left the way open for another no-confidence motion and the removal of Hunter.

But taking a clear shot at White, Nelson said, “individuals should be willing to set aside personal ambitions and work towards the needs of the people”.

-virtuee@jamaicaobserver.com