Buchanan presses on with fight to void St Andrew WC election result
Attorney-at-law Hugh Wildman says his client Paul Buchanan’s ultimate goal is to have the September 3 general election result in St Andrew West Central voided and a re-run ordered.
Wildman’s comments follow the filing of an application seeking permission to pursue a judicial review of a decision by the Constituted Authority not to void the election result.
During a case-management hearing held in the Supreme Court on Tuesday, a hearing date was set for November 18.
“It’s only one result: to void the election and to have a re-run. That is his ultimate goal,” Wildman told The Gleaner.
Prime Minister Andrew Holness, who leads the Jamaica Labour Party (JLP), won the seat with 7,054 votes, defeating Buchanan, the People’s National Party’s (PNP) candidate, who received 4,953 votes.
The outcome sparked public debate as Holness had been trailing Buchanan by nearly 100 votes after the counting of 87 out of 105 ballot boxes. The remaining 18 boxes were from polling stations at Seaward Gardens Primary and Infant School, according to the director of elections.
APPLICATION DENIED
Following the election, Buchanan challenged Holness’s victory before the Constituted Authority – the body empowered to void election results under certain conditions. His application was submitted on September 16.
However, the application was denied.
The Constituted Authority noted that Buchanan relied on the ground stipulated in Section 37(e) of the Election Petition Act “that there is an upsurge in violence or any irregularity during election day in one or more polling stations or polling divisions or in any electoral division or constituency which would lead to a substantial distortion or subversion of the process of free and fair election”.
The Constituted Authority said that after careful consideration of Buchanan’s affidavits and relevant case law, it found that the evidence presented did not satisfy the standard contemplated by the wording of Section 37(e).
In response, Buchanan, through his legal team, has now filed a claim in the Supreme Court seeking leave to pursue a judicial review of that decision.
Wildman stated that Holness is expected to be served “some time this week”.
He added that directions were given during the case-management hearing, and multiple submissions would need to be filed. The attorney general is representing the Constituted Authority.
“We’re told that because of the nature of the matter, the prime minister should be served. So the documents will be served on the prime minister, so he can get his own lawyer if he wants to get his lawyer,” said Wildman.