ANOTHER IC BATTLE

Norman Brown, a real estate business partner of Prime Minister Andrew Holness, is asking a court to order the Integrity Commission (IC) to remove findings that his chairmanship of two state entities that report to Holness poses a “significant” potential conflict of interest.

Brown's application for permission to apply for a judicial review of the report on Holness' finances follows a similar bid by the prime minister.

The Supreme Court is set to rule today on whether Holness will be allowed to pursue his case – a decision widely expected to favour the prime minister – with attention fixed on which grounds the court will allow Holness to argue.

Brown was appointed chairman of the Urban Development Corporation (UDC) earlier this year and has chaired the Housing Agency of Jamaica (HAJ) since 2016. The UDC and the HAJ are multibillion-dollar entities under the Ministry of Economic Growth and Job Creation, for which Holness is portfolio minister.

Brown is also the owner of Pembrooke Trucking, a St James-based company involved in transport, real estate development, and cement distribution.

Holness' wholly owned company, Imperium Investment Holdings, was a shareholder up to 2022, in Estatebridge Development Company, a construction company and real estate developer. It was incorporated in July 2020, according to Companies of Jamaica records. Brown, along with one of Holness' sons, and a sister are the shareholders. The HAJ and the UDC are major government players in the construction and real estate sector.

Kevon Stephenson, the IC's director of investigations, stated in the September 17 report that “the similarity in the functions of HAJ and UDC, and the relationship between Holness and Brown, pose significant conflict of interest concerns”.

“No direct evidence was presented to suggest that there has been any impropriety occasioned by the referenced potential conflict of interest,” he added.

However, he warned that “if this potential conflict of interest is not managed appropriately, it may be deleterious to the public interest”.

Brown believes that Stephenson was unfair in his assertions and wants the conclusions relating to him rejected by the court. A judicial review allows the court to review the processes used by a public authority. It does not examine the merits of claims. In Jamaica, persons seeking judicial review first have to get permission.

His October 4 application seeks nine declarations or orders, including a mandatory injunction compelling the IC to remove all adverse findings and recommendations against him. He claims that the IC's actions violated his constitutional rights to privacy and that its report is “unfair and in breach of the principles of natural justice”.

Brown alleged that Stephenson committed an “error of law” because the findings were “unsupported by the factual circumstances, are unreasonable and irrational”.

He also contended that he was “a mere witness” in the investigation and Stephenson's processes were “unfair and in breach of the principles of natural justice”.

According to the businessman, the commission and Stephenson “had no reasonable grounds for suspecting that the applicant had breached a code of conduct, an act of corruption or breached the Integrity Commission Act”.

Brown's filing was a without-notice application, meaning that the respondents were not served with a copy of the application notice. He is being represented by King's Counsel Symone Mayhew.

The IC confirmed to The Gleaner on Tuesday that it was served on November 18. A hearing is scheduled for December 10.

Holness, who has denied any wrongdoing, wants the court to invalidate the report. He argued that the investigation was improper and suggested that he was involved in “criminal and unethical conduct”.

The IC's controversial 171-page report highlighted alleged unexplained financial discrepancies in Holness' 2021 income filings, tax compliance concerns, and transactions totalling more than $470 million involving related companies including Estatebridge and Imperium.

jovan.johnson@gleanerjm.com