December 6 ruling on PM Holness’ request for judicial review of IC report
Published:Saturday | November 9, 2024 | 12:09 AMTanesha Mundle/Staff Reporter
Prime Minister Andrew Holness is to know on December 6 whether the Supreme Court will grant his request for a judicial review of the Integrity Commission (IC) report on his statutory declarations.
The prime minister is seeking, among other things, to have the IC investigation report on his financial affairs rejected as “unlawful” and “unfair”.
A judicial review allows the court to scrutinise processes used by a public authority to make decisions.
Justice Althea Jarrett heard submissions from both parties on Thursday and, following their completion yesterday, reserved her decision until December 6.
Holness applied to the Supreme Court on September 30 for several administrative orders, including the review.
In the controversial 171-page report on the prime minister’s statutory declarations tabled in Parliament on September 17, the IC’s director of investigation, Kevon Stephenson, said he could not conclude on the question of illicit enrichment, highlighting unexplained financial discrepancies in Holness’ 2021 income filings, and raised questions about tax compliance and transactions of over $470 million involving connected companies.
The IC, which said it could not certify the income declaration, referred the matter to the Financial Investigations Division, citing Holness’ failure to provide expense details.
However, the prime minister has denied any wrongdoing, claiming that the report is flawed and unfairly suggests unethical and criminal conduct by himself and affiliated firms.
He wants the Supreme Court to terminate all investigations into his financial affairs, invalidate the report, strike down certain provisions of the Integrity Commission Act, and declare sections of the Corruption Prevention Act used to probe illicit enrichment as “unconstitutional”.
Holness, his company Imperium Investments Holdings Limited, and two other connected entities – Positive Media Solutions Limited and Positive Jamaica Foundation – are seeking the judicial review.
Their case is being led by King’s Counsel Georgia Gibson-Henlin, of the law firm Henlin Gibson Henlin.
The respondents are two senior commission executives – Director of Information and Complaints Craig Beresford (first respondent) and the director of investigations (second respondent) – and the Integrity Commission itself (third respondent).
The firm Hylton Powell is representing the IC and its officials. The lead attorney is King’s Counsel Michael Hylton, a former solicitor general of Jamaica.