The Integrity Commission (IC) and Prime Minister Dr. Andrew Holness are scheduled to go to trial in October over a report regarding his financial concerns. Setting the trial date avoids a court dispute involving the head of state during the campaign for a general election scheduled for September 3.
According to the draft orders decided upon by the parties at yesterday’s meeting, the trial will start on October 13 and run for ten days.
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Holness and three related businesses filed this case, contesting the findings of an IC’s investigation into allegations that Holness could own assets out of proportion to his legitimate income.
Permission to bring a judicial review lawsuit against the anti-corruption agency and two of its top officers was given to Holness and the corporations in December. Additionally, they are contesting the validity of a provision of the Corruption Prevention Act that deals with unlawful enrichment and the Integrity Commission Act of 2017.
The three Supreme Court justices who will hear the judicial review will determine whether the commission’s inquiry method was fair, but they won’t judge the probe’s merits.
After being granted authorization on December 6, Holness and three affiliated businesses—Proud Media Solutions Limited, Positive Jamaica Foundation Limited, and his own company, Imperium Investments Holdings Limited—were given 14 days to present their claims, which they did on December 20.
The attorney general has been served with the complaint, according to Justice Jarrett, who also authorized the filing of an updated claim form by February 7 that reflects the State’s involvement in the case.
Holness’ declaration of evidence must be responded to by March 7 by the defendants, which include the commission, Kevon Stephenson, the head of the inquiry, and Craig Beresford, the IC’s director of information and complaints. Responses from Holness and the three businesses must be sent by March 21.
The court mandated document scrutiny by May 7 and routine disclosure by April 30. A pretrial review is set for June 23 and written comments from both parties are due between August and September 22.
Additionally, the court denied Holness’s and the corporations’ request to alter the number allocated to the judicial review claim so that it differed from the number assigned to the authorization application. The modification may have given them more time to challenge unfavorable rulings on their request for authorization.
The director of inquiry expressed concerns over Holness’ 2021 income and asset reports in a 171-page investigative report that the IC presented to Parliament on September 17, 2024.
Stephenson questioned tax compliance and transactions totaling more than $470 million involving the associated entities, pointed out unexpected financial anomalies in Holness’ 2021 income reports, and stated that he was unable to draw any conclusions regarding the issue of unlawful enrichment.
Considering Holness’ omission of spending information, the commission stated that it was unable to certify the 2021 files and forwarded the issue to the Financial Investigations Division (FID).
Holness, however, has denied any misconduct, arguing that the study is faulty and unjustly implies that he and the associated businesses engaged in unethical and illegal behavior.
Holness has been permitted to contest the referral to the FID and request orders to nullify the two reports.
A few of the orders that were originally requested were dropped by Holness’s legal team.
Holness requested two important orders, one of which required the commission to certify his 2021 files, but the judge denied him permission to do so. Holness’ attorneys attempted to appeal the ruling, but the court denied their request.Two King’s Counsels, Ransford Braham, and M. Georgia Gibson Henlin, along with Lemar Neale and Vasheney Headlam, are representing Holness and the corporations. In addition to Kevin Powell, Sundiata Gibbs, and Annay Wheatle, King’s Counsel Michael Hylton is representing the IC and its representatives.
