(Jamaica Gleaner) Prime Minister Dr Andrew Holness and the Integrity Commission (IC) are set to face trial in October over a report concerning his financial affairs. The trial date avoids a legal battle involving the head of government during the campaign for a general election due by September 3.
The trial will begin on October 13 and last for 10 days, as outlined in the draft orders agreed upon by the parties involved during yesterday’s hearing.
This lawsuit was filed by Holness and three affiliated companies, who are challenging the report of an IC’s investigation into concerns that Holness may own assets disproportionate to his lawful income.
In December, Holness and the companies were granted permission to file a judicial review claim against the anti-corruption agency and two of its senior officials. They are also questioning the constitutionality of the 2017 Integrity Commission Act and a section of the Corruption Prevention Act related to illicit enrichment.
The judicial review will be heard by three Supreme Court judges, who will assess whether the commission’s investigation process was fair, though the court will not evaluate the merits of the investigation itself.
Holness and three connected companies – Imperium Investments Holdings Limited, which he owns; Positive Media Solutions Limited; and Positive Jamaica Foundation Limited – were given 14 days to file his claim after receiving permission on December 6, and it was submitted on December 20.
Justice Jarrett, who granted the permission, also confirmed the serving of the lawsuit on the attorney general and ordered that an amended claim form should be filed by February 7 reflecting that the State is also being sued in the matter.
The defendants – Craig Beresford, the IC’s director of information and complaints; Kevon Stephenson, the director of investigation; and the commission – are to file their response to Holness’ affidavit of evidence by March 7. Holness and the three companies are to file their response by March 21.
The court has ordered standard disclosure by April 30 and document inspection by May 7. Written submissions from both sides are due between August and September 22, with a pretrial review scheduled for June 23.
The court also rejected an application by the lawyers for Holness and the companies to change the number assigned to the judicial review claim so it could be different from the number assigned to the application for permission. The change could have extended the time available to appeal unfavourable decisions regarding their request for permission.
On September 17, 2024, the IC tabled a 171-page investigation report in Parliament, in which the director of investigation raised concerns about Holness’ 2021 income and asset filings.
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 $470 million involving the connected companies.
The commission said it could not certify the 2021 filings and referred the case to the Financial Investigations Division (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 the affiliated companies.
Holness has been permitted to seek orders to invalidate the two reports and to challenge the referral to the FID.
Holness’ legal team abandoned some of the orders that were initially being sought.
The judge refused to give Holness permission to seek two of key orders, including one to force the commission to certify his 2021 filings. The judge rejected an application by Holness’ lawyers to appeal the decision.
Holness and the companies are being represented by two King’s Counsels Ransford Braham and M. Georgia Gibson Henlin, as well as Lemar Neale and Vasheney Headlam. The IC and its officials are being represented by King’s Counsel Michael Hylton, along with Kevin Powell, Sundiata Gibbs and Annay Wheatle.
