PM gets greenlight to challenge Integrity Commission report on statutory declarations

Prime Minister Andrew Holness has been granted permission by the Supreme Court to challenge the Integrity Commission's investigation report on his financial affairs, which he claims is “unlawful” and “unfair.”

Justice Althea Jarrett handed down her judgment this morning.

A judicial review allows the court to scrutinise processes used by a public authority to make decisions.

It does not examine the merits of the decisions. 

Jarrett heard submissions from both parties in November. 

Her judgment will indicate whether Holness will be allowed to seek all the orders that he proposed. 

The prime minister applied to the Supreme Court on September 30 for 21 orders or declarations, including the judicial review.

In the controversial 171-page report, the commission's director of investigation, Kevon Stephenson, said he could not conclude on the question of illicit enrichment, highlighted unexplained financial discrepancies in Holness' 2021 income filings, and raised questions about tax compliance and transactions of over $470 million involving connected companies.

The commission, 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, Holness has denied any wrongdoing, claiming that the report is flawed and unfairly suggests unethical and criminal conduct by him and affiliated companies. 

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 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 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.

Holness' business partner Norman Brown has separately applied to the Supreme Court for permission to bring judicial review proceedings against the commission and Stephenson.

- Tanesha Mundle

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