PM Holness granted leave to seek judicial review of IC report

By Clinton McGregor    

 

Prime Minister Andrew Holness has been granted leave to seek judicial review in his battle with the Integrity Commission.

 

Justice Althea Jarrett in her ruling, indicated that the Prime Minister can proceed to seek an order of certiorari quashing the August 30, 2024 Integrity Commission report.

 

Mr. Holness also has leave to petition the court for an order of certiorari quashing the IC's Special Report, except for the paragraph which reads: "The Commission is also respectfully urging the Parliament to develop a policy, and legislation, if thought necessary, to deal with the commercial and corporate activities of Ministers of Government and the likelihood of conflicts of interest arising therefrom."

 

But while agreeing that the Prime Minister can seek judicial orders to quash the report, the judge rejected his application for an order of mandamus compelling the IC's Director of Investigation, Kevon Stephenson, to recommend that he should be exonerated of culpability in relation to his 2021 and 2022 statutory declarations.

 

The application was refused on the basis that the Court cannot and will not usurp the decision making powers of public bodies and public officers.  

 

The judge also refused a request by the Prime Minister's legal team to appeal Friday's ruling.

 

The legal team of Prime Minister Holness has said it welcomes the ruling.

 

The attorneys, Georgia Gibson Henlin, K.C., and Senator Ransford Braham, K.C., issued a statement Friday afternoon, arguing that the ruling now gives Mr. Holness the opportunity to challenge the decision of the Integrity Commission and Director of Investigation Kevon Stephenson.

 

The lawyers also contend that Prime Minister Holness does not require permission to apply for declarations, therefore, the 23 declarations for relief will be included in the claim that is now fixed for first hearing on January 7, 2025.