Holness instructs attorneys to take legal action against PNP members for defamation

Leader of the Jamaica Labour Party (JLP), Prime Minister Dr Andrew Holness, has instructed his attorneys to initiate legal action against senior members of the People's National Party (PNP) who “made several false and defamatory statements about when he came into awareness of an Integrity Commission probe concerning illicit enrichment” at a media conference today.

"Should they not take the appropriate action, lawsuits will be filed against the PNP members who made the false statements and without any credible basis defamed the prime minister concerning the question of when he came into awareness of an illicit enrichment probe," Senator Abka Fitz-Henley, a member of the JLP's communication taskforce, said in a press release this evening.

Fitz-Henley said that the prime minister spoke the truth when he indicated to the media on August 17, 2023, that he was not aware of any member of the JLP being written to by the Integrity Commission with an indication that they were under investigation for illicit enrichment.

"The prime minister and party leader takes his reputation seriously and will not allow members of the PNP to attempt to use false and malicious statements to destroy his character in their desperate bid for political power,” he said.

In the press statement, the JLP also expressed concern about "the appearance that members of the PNP have unique access to information from the Integrity Commission".

“The party restates its call for the PNP to indicate how it will address a revelation in a recent newspaper report that at least five of their members, including a senior official, are under investigation for illicit enrichment,” the JLP said.

BELOW IS THE FULL STATEMENT FROM HOLNESS' ATTORNEYS:

THE PRIME MINISTER DID NOT LIE

We issue this statement on the instructions of our client Dr. The Most Honourable Prime Minister Andrew Holness.

The Integrity Commission's Report dated the 30th August 2023 states that on the 18th August 2023, “[letter dispatched to Mr. Holness' attorney conveying Section 14(5) CPA/Judge's Rule Notice and Issues/Questions to be explored in the interview.” (Page 17).

We further confirm that prior correspondence to our client and to us had the subject – “Re: Statutory Declaration of Assets, Liabilities and Income.”

In some of the letters there is a minor variation to add our client's name. None of these communications referenced section 14(5) or the words “illicit enrichment”.

For completeness the time-line is as follows:

1. By letter dated the 26th April 2023 our client received a letter from the Director of Information & Complaints advising him that his 2021 Statutory Declaration was referred for investigation pursuant to sections 32 and 42 of the Integrity Commission Act. He was further advised that the Director of Investigation would be in touch with him.

2. On the 5th May 2023, the Director of Investigation confirmed that the matter was referred to him for investigation. He stated that he was in the process of conducting their “assessment and preliminary inquiries and would be in touch with [him] in due course.”

3. By letter dated the 26th May 2023, the Director of Investigation wrote to our client to advise that “new material had come to light which had been referred to [him] for investigation.” He again advised that he was conducting his assessment and inquiries with a view to inviting him for an interview.

 4. On the 20th June 2023, we wrote to the Chairman of the Integrity Commission on our client's behalf objecting to the manner in which the matter was referred and indicating that our client was (Page 2) not given an opportunity to respond to the new material. This was copied to the Director of Investigation.

5. By letter of the 11th July 2023, the Chairman of the Integrity Commission responded and disagreed with our position.

6. On the 19th July 2023, a letter was sent to our client inviting him to an interview.

7. Correspondence between that date and the 18th August 2023 were concerned with fixing a date for the interview.

8. As stated above, the communication of the 18th August 2023 – stated that a Notice pursuant to section 48 of the Integrity Commission Act, Section 14(5) etc. was dispatched to us. To be clear, based on our records, it is only on the 18th August 2023 that it was communicated to us that the interview/investigation was being done under section 14(5) of the Corruption Prevention Act. We took, and maintained, the objection stated above in our letter of the 20th June 2023.

This time-line and the documents confirm that at the time when our client addressed the matter on the 17th August 2023, the Integrity Commission had not communicated to our client that he was being investigated for illicit enrichment.

The statements or suggestions in the public domain that the basis of the investigation came to the attention of our client since April 2023 are not accurate.

Our instructions are to pursue legal action against persons who make statements in the public domain that are inconsistent with these facts.

Yours faithfully,

HENLIN GIBSON HENLIN

PER: M. GEORGIA GIBSON HENLIN, KC MGGH/saw

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