Supreme Court dismisses Paul Buchanan's election challenge

 

The Supreme Court has dismissed the suit filed by People's National Party (PNP) candidate Paul Buchanan, who sought to overturn the election result for the St. Andrew West Central constituency, which was won by Prime Minister Dr. Andrew Holness in September's general election.  

 

Buchanan had filed an application for permission to seek judicial review of the decision of the Constituted Authority not to apply to the election court to void the results of the September 3 poll. 

 

Justice Sonya Wint-Blair, in delivering the decision on Monday, ruled that the application was not arguable and was subject to a knock-out blow in the law. 

 

The court found that the mandatory statutory time period for challenging the election results had expired, and that the October 8 judicial review application was futile. 

 

The judge said, even if the court granted the orders compelling the Constituted Authority to refer the matter,

the outcome would be void because the law prevents the court from extending the time set by Parliament for such electoral challenges. 

 

According to the judge, "In electoral matters, time is of the essence. Therefore, not only must this court be satisfied that the threshold test for leave has been surmounted, but there must also be an overlay of electoral realities as a matter of law."

 

She concluded that the threshold test has not been surmounted. 

 

The statutory period for the Constituted Authority to apply to the election court to void the taking of a poll is 14 days from the date the poll was taken. 

 

Buchanan has alleged numerous irregularities with the poll in St. Andrew West Central on September 3. Among other things, he pointed to the concerns about the Electronic Voter Identification System and the process

to identify voters. 

 

But the Constituted Authority dismissed his complaints. 

 

Justice Windblare contended that in application the court was being asked to make orders compelling the authority to apply to have the election result voided. However, the court has not received material evidence from the candidate concerning the delay in making the request to the authority. 

 

Justice Wint-Blair also said Buchanan did not provide details on his inaction during the period since the election date. 

 

Dr. Holness won the seat with 7,054 votes to Mr. Buchanan's 4,953. 

 

The margin prompted public debate because Dr. Holness had been trailing by nearly 100 votes after 87 of the 105 ballot boxes were counted. 

 

The remaining 18 boxes which shifted the outcome came from polling stations at Seawood Gardens Primary and Infant School, according to the Director of Elections.