Tue | Nov 12, 2024

Integrity Commission raises conflict of interest 'concern' over Holness and business partner who chairs UDC, HAJ

Published:Wednesday | September 18, 2024 | 4:35 PM
In this 2019 photo, Prime Minister Andrew Holness is seen along with Housing Agency of Jamaica Chairman Norman Brown at a signing ceremony for the Catherine Estates housing development in St Catherine. – File photo.

Jamaica's anti-corruption body has flagged "significant" conflict of interest concerns over Prime Minister Andrew Holness and Norman Brown's private real estate dealings and Brown's chairmanship of two state agencies involved in the sector.

Brown, who chairs both the Housing Agency of Jamaica (HAJ) and the Urban Development Corporation (UDC) — agencies under Holness' ministerial portfolio — holds shares in Estatebridge Development Company, alongside Holness' family.

The two entities manage billions of dollars in state assets.

"The similarity in the functions of HAJ and UDC, and the relationship between Holness and Brown pose significant conflict of interest concerns," said Kevon Stephenson, director of investigations at the Integrity Commission.

"If this potential conflict of interest is not managed appropriately, it may be deleterious to the public interest."

However, the director said: "Notwithstanding the foregoing, no direct evidence was presented to suggest that there has been any impropriety occasioned by the referenced potential conflict of interest."

The remarks are part of the commission's 171-page report on an investigation into Holness' income and asset declarations from 2019 to 2022.

It noted that the commission was unable to determine whether Holness should face prosecution for illicit enrichment because the prime minister "refused" to provide details on his personal expenses.

Additionally, there are unresolved questions surrounding over $473 million worth of transactions involving companies connected to Holness.

Estatebridge Development Company, a key part of the investigation, lists Brown as a director and shareholder alongside Holness' sister and one of his sons, the commission said. 

The commission highlighted that both HAJ and UDC are involved in real estate, making Brown's dual roles in government and Estatebridge problematic, especially since both agencies fall under the Ministry of Economic Growth and Job Creation, led by Holness.

Brown has chaired HAJ since 2016 and was appointed UDC chairman in 2024.

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

The report further revealed that Imperium Investments Holdings Limited, a company wholly-owned by Holness, was previously the majority shareholder in Estatebridge.

When Estatebridge was incorporated in July 2020 Holness was a signatory on the accounts and signed at one stage as the entity's CEO. 

Despite Imperium's reduced shareholding, it remained one a major financial contributor, including through a $15 million property owned by Admat Incorporated, a St Lucia-registered company dissolved by Holness in 2021.

Its assets, valued at $130 million, were transferred to Imperium.

In September 2020, Brown reimbursed Imperium $6 million for preparatory work on the Weycliffe Close property in St Andrew, with Estatebridge having an agreement to develop it.

By October 2022, Estatebridge's share structure shifted, with Imperium forfeiting its remaining shares and Brown acquiring an additional number. 

Holness was removed as a signatory on the accounts a month later because of 

the Integrity Commission emphasised the risks posed by Holness and Brown's overlapping public and private roles.

The report cited guidelines from the Organization for Economic Cooperation and Development (OECD) on managing conflicts of interest.

According to the OECD, a conflict arises "when a public official's private capacity interest could improperly influence the performance of their official duties."

The report also referenced Jamaica's Public Bodies Management and Accountability Act, which mandates that public officials disclose any personal interest in matters that could impact their decision-making.

Holness has disputed several findings of the commission's report, claiming there were "errors", though he has not yet provided details.

The investigation has cast a shadow over his administration, with the possibility of further probes into the financial dealings of Estatebridge.

The commission has referred its report to the Financial Investigations Division, the country's chief financial crimes investigative body.

Director of Investigations Recommendation: 

- a copy of the investigation report be referred to the Ethics Committee of Parliament to examine and determine the appropriateness of a minister, directly or indirectly appointing a business associate or other personal connections to a public board which falls under their portfolio.

- the committee should also, inter alia, consider whether there are sufficient safeguards in place to comprehensively deal with any conflict of interest situation which may arise as a result of the personal/business relationship between the minister and board appointee, with a view to ultimately protecting the public interest.

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