KINGSTON, Jamaica – Justice Althea Jarrett Friday granted permission to Prime Minister Andrew Holness to challenge the investigative report of the Integrity Commission (IC) into his financial affairs.
Prime Minister Andrew HolnessHoness has deemed the report “unlawful” and “unfair” and the judicial review allows the court to scrutinise the processes used by a public authority to make decisions. However, it does not examine the merits of the decisions.
Prime Minister Holness had applied to the Supreme Court on September 30 for 21 orders or declarations, including the judicial review and Justice Jarrett delivered her ruling after hearing submissions from both parties last month.
Holness was also granted leave to challenge the IC’s referral of his statutory declarations to the Financial Investigation Division (FID).
In its 171-page report, the IC’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 J$470 million (One Jamaica dollar=US$0.008 cets) involving connected companies.
The commission, which said it could not certify the income declaration, referred the matter to the FID, 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.
Meanwhile, Justice Leighton Morris will on December 13, rule whether the IC’s case against the former Speaker of Parliament, Marisa Dalrymple-Philibert, will go ahead or be thrown out.
The decision, which was initially set to be handed down in the Kingston and St. Andrew Parish Court on Thursday morning, was pushed back after the judge indicated that because of an incident Thursday, he needed more time.
Proceedings at the court were halted Thursday as a result of a bomb threat.
During the October 11 hearing, King’s Counsel Peter Champagnie submitted that the proceedings should be halted on the basis of abuse of process. He argued that the eight charges against Mrs. Dalrymple-Philibert were misplaced as the wrong procedure was followed in arriving at them.
The Integrity Commission’s Investigation Report into the Statutory Declarations filed by Mrs. Dalrymple-Philibert allege that she failed to disclose a Mercedes Benz GLA 250 motor vehicle, of which she was the legal owner.
