Supreme Court rejects Holness’ bid to strike out parts of Integrity Commission official's affidavit

The Supreme Court today rejected an application by Prime Minister Dr Andrew Holness to strike out what he described as “scandalous” portions of an affidavit filed by a senior Integrity Commission official in his lawsuit against the anti-corruption body.

Justice Althea Jarrett also denied Holness access to certain contested documents he claimed were critical to his case, including redacted materials.

However, the judge granted Holness and his co-claimants — Imperium Holdings Limited, Positive Media Solutions, and Positive Jamaica Foundation — permission to appeal the ruling.

Holness was successful in getting the court to order the commission to disclose certain documents prepared by officials involved in the controversial investigation of his financial affairs.

Holness' legal team had also applied for the disclosure of a report done by an international forensic accountant.

The Integrity Commission provided the document earlier this month.

The court also granted a stay of the proceedings, meaning the October judicial review against the commission's investigations into Holness' finances cannot proceed until the appeal is decided.

Holness and the three associated entities had sought to remove at least 12 paragraphs from the 108-page affidavit sworn by Craig Beresford, the commission’s Director of Information and Complaints.

Holness argued that some of the paragraphs and accompanying exhibits were “an abuse of process, scandalous, frivolous, and vexatious,” with prejudicial value outweighing any probative worth.

However, the commission maintained that the statements were directly responsive to claims made by Holness and were within Beresford’s personal knowledge.

The case forms part of a broader judicial review and constitutional challenge over the commission’s handling of an investigation into Holness’ finances and alleged illicit enrichment.

In September 2024, Holness and the three entities filed a sweeping judicial review claim against Beresford, Director of Investigations Kevon Stephenson, and the Integrity Commission.

The claim challenges the fairness of the commission's investigation into Holness’ finances.

Stephenson had raised concerns over unexplained discrepancies in Holness’ 2021 filings, as well as questions regarding tax compliance and transactions exceeding $470 million involving companies linked to him.

Holness has denied any wrongdoing.

The commission and its officials are represented by the law firm Hylton Powell, while Holness and the companies are represented by Henlin Gibson Henlin.

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