encompasses public trust and confidence in the manner in
which the process is carried out. For these reasons, various
legal guidelines have been enacted to regulate the
formalities of an impartial election. Any serious departures
from these procedures will strike at the very foundation of
our free and democratic system of political representation
and affect public confidence in [* 231 the impartiality of our
election."
I respectfblly agree with these observations of the learned judge and I consider that they
apply with equal force to the Jamaican situation. With regard to the instant case I am in
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no doubt but that, taken cumulatively, the numerous instances of irregularities and
electoral malpractices occurring at polling stations Nos. 23,49, 56, 57, 58, 64, 71 and 72
dictate that the taking of the poll in the constituency of West Central St. Andrew as a
whole should be voided. In my judgment these irregularities led to a substantial distortion
or subversion of the process of a fiee and fair election in the constituency.
In any democracy, moreso in this country where because of past bitter experience
c;,
there is a deep and abiding mistrust of the integrity of the electoral system, it is imperative
not only that elections should, in fact, be conducted in a manner that is fiee and fair and
fiee fiom fear, but also that elections should manifestly be seen to be so conducted. In all
of this the public perception is of critical importance. It is one thing for a political party to
win a general election and then proceed to form a government. It is quite another thing to
attempt afterwards to govern a people, a sizeable majority of whom do not accept the
legitimacy of that government. People will resist governmental authority if they perceive
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that it was gained through corruption or subversion of the electoral process. A country is
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more easily governed and good governance is made more likely when, after an election,
the losers accept that they have fairly lost. Ultimately, it is the duty of Government to