Buchanan turns to Supreme Court after failed bid to void election in PM's seat

 

People's National Party (PNP) candidate, Paul Buchanan, who lost his bid to overturn the election results in Prime Minister Dr. Andrew Holness's constituency of St. Andrew West Central, has filed a lawsuit before the Supreme Court challenging the decision of the Constituted Authority to reject his claims of election irregularities. 

 

The suit was filed Wednesday morning by his attorney Hugh Wildman. 

 

Mr. Buchanan and his legal team have applied for leave to seek a judicial review of the decision of the Constituted Authority.

 

Last week, the Constituted Authority, which monitors Election Day activities in accordance with Section 44 of the Representation of the People Act, dismissed his request to avoid Dr. Holness's victory. 

 

Dr. Holness received the 7,054 votes to 4,953 for Mr. Buchanan in the September 3 general election. 

 

Since then, Mr. Buchanan has argued that there were irregularities, including violence and intimidation, in the Olympic Gardens and Molynes Gardens divisions that impacted the outcome of voting.

 

Mr. Buchanan has submitted several affidavits from himself and others in support of the request. 

 

But in its ruling, the Constituted Authority argued that after careful consideration of the affidavits and relevant to case law, it found that the evidence presented did not satisfy the standard contemplated by the wording of Section 37(e), resulting in its position.

 

In an interview with the Radio Jamaica News on Wednesday afternoon, Mr. Wildman argued that the Constituted Authority erred in law when it refused to submit Mr. Buchanan's case to the election court for a determination of the allegations.

 

"We are saying that the Constituted Authority usurped the function of the election court. It is not their job to do that. Their job is to determine whether or not there is credible evidence to go to the election court. And once there is credible evidence to go to the election court, they have a duty to send it to the election court. They don't have any discretion to prevent it from going," argued the attorney. 

 

"We are asking the Supreme Court to intervene and to quash their decision and to compel them by way of a mandamus to send it to the election court, to consider whether the election in West Central [St. Andrew] should be voided," he explained.