The Supreme Court has given Prime Minister Andrew Holness permission to contest the Integrity Commission’s financial affairs probe findings, which he says is “unlawful” and “unfair.”
The ruling was delivered this morning by Justice Althea Jarrett. The court can examine the procedures a public authority uses to reach judgments through judicial review.
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It doesn’t look at how good the decisions are. In November, Jarrett received submissions from both sides.
Her decision will determine if Holness may request all of the directives he suggested.
The prime minister requested 21 orders or declarations, including the judicial review, from the Supreme Court on September 30.
Kevon Stephenson, the commission’s director of investigation, raised concerns regarding tax compliance and transactions totaling more than $470 million involving connected companies in the contentious 171-page report. He also pointed out unexplained financial discrepancies in Holness’ 2021 income filings and stated that he was unable to draw any conclusions regarding the issue of illicit enrichment.
Citing Holness’ omission of spending data, the commission stated that it was unable to validate the income declaration and sent the case to the Financial Investigations Division.
Holness, however, has denied any misconduct, arguing that the study is faulty and unjustly implies that he and related businesses engaged in unethical and illegal behavior.
He requests that the Supreme Court deem parts of the Corruption Prevention Act that were used to look into unlawful enrichment “unconstitutional,” annul the report, end any inquiries into his financial affairs, and invalidate some of the Integrity Commission Act’s provisions.
Holness is requesting a judicial review on behalf of his business, Imperium Investments Holdings Limited, as well as two other related organizations, Positive Media Solutions Limited and Positive Jamaica Foundation.
Georgia Gibson-Henlin, King’s Counsel and a member of the Henlin Gibson Henlin law practice is leading their case.
The commission itself (third respondent) and two senior commission executives—Director of Information and Complaints Craig Beresford (first respondent) and the Director of Investigations (second respondent)—are the respondents.
The IC and its representatives are represented by the company Hylton Powell. King’s Counsel Michael Hylton, a former Jamaican solicitor general, is the primary lawyer.
Norman Brown, Holness’ business associate, has independently petitioned the Supreme Court to provide him with the authority to initiate judicial review proceedings against Stephenson and the commission.
