Buchanan files court action after Constituted Authority rejects election challenge in PM’s seat

People's National Party candidate Paul Buchanan has taken legal action against the Constituted Authority after it rejected his application to void the September 3 poll results in the St Andrew West Central constituency won by Prime Minister Dr Andrew Holness.

Buchanan, through his attorney Hugh Wildman, today filed an application seeking permission for Judicial Review of the authority's decision.

The land economist by profession is requesting several orders from the court, including declarations that the Authority's refusal to act on his complaints is unlawful, irrational, and void. An order of certiorari to quash the decision; An order of mandamus compelling the Authority to refer the matter to the Electoral Court.

Buchanan contends that the election was compromised by multiple irregularities, including double voting, voter intimidation and alleged tampering with ballot boxes, claims he says are supported by sworn affidavits submitted to the Constituted Authority.

Responding to Buchanan's September 16 application, the Constituted Authority noted that he 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.”

But the Constituted Authority in its decision on October 1, said after careful consideration of the affidavits and relevant case law, it found that the evidence presented did not satisfy the standard contemplated by the wording of section 37(e).

Holness tallied 7,054 votes to Buchanan's 4,953.

The margin of victory stirred wide public discussion because the JLP leader was trailing Buchanan by close to 100 votes after 87 of the 105 ballot boxes had been counted.

The 18 outstanding ballot boxes were from polling stations located at Seaward Gardens Primary and Infant School, the director of elections confirmed.

- Tanesha Mundle

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