The Supreme Court has received a request from Prime Minister Andrew Holness to have the Integrity Commission’s financial affairs inquiry report dismissed because it is “unlawful,” “unfair,” and based on an “unconstitutional” statute.
The Labor Party leader stated, “I believe that the tabling of the report was intended to embarrass and cause harm to me and as such was made for an improper purpose and in bad faith to prejudice and harm me.”
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He continued, saying that it attempted to infer “criminal and unethical conduct to me and the other applicants”.
On September 30, Holness applied for authority to request a judicial review of the anti-corruption agency’s activities. The House of Representatives issued the report on September 17. On 69 grounds, he is requesting 21 declarations or orders.
The court can examine a public authority’s procedures to reach judgments by conducting a judicial review.
The applicants are Holness, Imperium Investments Holding Limited, his firm, and two other related organizations, a charitable organization called Positive Jamaica Foundation Limited and Positive Media Solutions Limited.
The respondents include the commission itself (third respondent), and two senior officials serving as directors of the commission: Craig Beresford, who oversees information and complaints, and Kevon Stephenson, who oversees investigations.
The investigation began with the income reports from 2021, but according to Stephenson, he saw a $1.9 million “unexplained growth” in Holness’s claimed assets for 2022. Questions were also raised by $473 million and $427 million in deposit and withdrawal operations involving the entities. Concerns about charitable donations and tax conformity were also mentioned.
Holness’ “refusal” to offer a breakdown of his costs for 2019–2022 prevented Stephenson from wrapping up the probe. The commission forwarded the case to the Financial Investigations Division (FID), Jamaica’s primary financial crime agency, stating that it was unable to certify the 2021 filing.
But Holness maintained in the court filings that such conclusions are faulty.
Additionally, he contended that the investigation into his 2019–2022 filings was based on what he regards as an “unconstitutional” clause in Section 14(5) of the Corruption Prevention Act (CPA), which states that the crime of illicit enrichment is committed by anyone unable to provide a sufficient explanation for their wealth concerning their earnings. He said that the clause should be repealed because it violates people’s constitutional right to the assumption of innocence.
Regarding the illicit enrichment provision of the CPA, Holness said his lawyers have advised him that “the section… places a burden on me to prove an essential element of the offense of ‘illicit enrichment’, that is the wealth element”.
He noted, “The problem is compounded by the fact that the respondents already had the sum that I was required to explain but failed to disclose it to me so that I could adequately respond or cause representations to be made on my behalf to resolve the matter”.
The head of investigations for the IC, according to Holness, “collected evidence, analyzed it, and made findings of fact all while combining the roles of investigator, prosecutor, and judge.”
According to Holness, “the contents of the report disclosed the personal and private information of the applicants in breach of privacy and the data protection laws of Jamaica,” which is another issue with the volume of material revealed in the 171-page investigative report.
He stated in a 37-page declaration that accompanied his court filing, “It was more than is necessary to make the report to Parliament. I was asked questions in a vacuum, and I was only provided with the documents in the appendix.”
The prime minister disputed the IC’s claim that he declined to give specifics on his out-of-pocket spending, arguing that no “income and expense statements” were requested for 2019 or 2020.
Holness stated, “The objections that I put forward were dismissed without a hearing. This was improper given the substantial nature of the objections that in some cases went to the respondents’ jurisdiction. In addition, I have a right to privacy.”
He said that the probe into the 2021 disclosures was expanded by Stephenson and the commission to encompass the submissions for 2019, 2020, 2022, and 2023, calling it “unlawful” and “unfair.”
Among the directions being requested are that Holness be cleared regarding the results for 2021 and 2022 and that the commission be forced to review the unfinished submissions.
As part of his plea, PM Andrew Holness serves under the portfolio of the Ministry of Economic Growth and Job Creation is asking the court to order that the Financial Investigations Division and Tax Administration Jamaica be notified of the study and its conclusions. “represents an unlawful delegation and/or abdication of the 2nd and 3rd Respondents’ and/or the Director of Corruption Prosecution’s statutory responsibility”.
Holness, who is being represented by the law firm Henlin Gibson Henlin stated that just one report, of the Director of Corruption Prosecutions’ decision to drop criminal charges for failing to disclose four bank accounts—a matter that came to light after an independent investigation—should be kept.
Holness further requests that the IC be ordered by the court to reimburse him for losses he suffered due to the IC’s careless inquiry and invasion of privacy. He also requests aggravating and vindicational damages.
In addition, he requests that the 2017 Integrity Commission Act’s provisions be overturned by the court due to “the lack of fairness, impartiality, and independence in the exercise of the functions of the divisions and the commission as presently structured.”
