PM within his right to seek judicial review of IC decisions, says commentator

By Kimone Witter    

 

Political commentator Germaine Barrett has asserted that the move by Prime Minister Dr. Andrew Holness to seek judicial review of the decisions of the Integrity Commission in relation to his finances does not reflect poorly on him or the Commission.

 

Mr. Barrett, while staying clear of pronouncing on the contents of the suit filed in the Supreme Court on Monday, said Prime Minister Holness is making use of a process available to every citizen.

 

He said the Prime Minister has the right to seek to clear his name, albeit in an unprecedented manner. 

 

"I think in the minds of the average Jamaican who would have sort of generated a tremendous degree of concern, and it has set a narrative surrounding the Prime Minister being corrupt, engaging in malfeasance, et cetera, that all of these kinds of orchestrations [do] not, in the immediate instant, lend support to the credibility of the Prime Minister, I don't think. But should he not pursue what is in his estimation a just cause? By all means he should because his integrity goes beyond the perception that people have of him," the commentator reasoned. 

 

He was speaking Wednesday on the Morning Agenda, on Power 106.

 

In the suit, Dr. Holness strongly denied any wrongdoing and has applied for 21 Orders from the Supreme Court in relation to the Integrity Commission's decision not to certify his statutory declaration over a three-year period and to refer its findings surrounding his finances to the Financial Investigations Division and Tax Administration Jamaica.

 

The Prime Minister is seeking to have the IC report, tabled in the House of Representatives on September 17, rejected as unlawful and unfair.

 

He has also asked the Supreme Court to strike down section 14(5) of the Corruption Prevention Act that was used by the Integrity Commission to probe public officials for illicit enrichment, calling it unconstitutional.

 

In addition, Prime Minister Holness wants the court to strike down provisions of the 2017 Integrity Commission Act, citing the lack of fairness, impartiality and independence in the exercise of the functions of the divisions and the commission as presently structured.

 

 

Meanwhile, Mr. Barrett said Deputy Speaker of the House of Representatives Heroy Clarke acted prematurely in shutting down Opposition Leader Mark Golding's attempt to move a no confidence motion against Prime Minister Andrew Holness on Tuesday.

 

The motion cited a serious breach of the Ministerial Code of Conduct which mandates transparency and ethical standards from members of the Cabinet.

 

But, the Deputy Speaker ruled that the motion was 'out of order' and in breach of the sub judice rule which speaks to a matter that is under judicial consideration.

 

Mr. Barrett believes the motion appeared reasonable and should have been heard. 

 

"If it is that you know that you are on the right, the government believes that they are on the right, allow the debate to be had, stand your ground during the debate. And of course, clearly, when it is that the debate is verging onto matters in relation to that which is under examination by the judiciary, then you stop the debate. You have to manage the process," he argued. 

 

After being blocked from moving the motion, Opposition members walked out of the chamber.

 

House Speaker Juliet Holness later returned and told the House that she had intended to allow Mr. Golding to move the motion.

 

She explained that she left the Chamber to review the document.

 

 

Students at the University of West Indies, Mona campus have been discussing the latest development surrounding the Prime Minister's finances.

 

Second year student, Kalecia Vassell, said the legal battle with the Integrity Commission and the failed no confidence motion by the parliamentary opposition is both interesting and troubling.

 

Ms. Vassell said young people are paying close attention to the issue. 

 

"I think at first glance you would expect people or young people, because of their voter apathy and general disinterest in political proceedings, to not appreciate the nuance of the situation. However, surprisingly, discussions that I've heard are on the issue do have an appreciation for the true fundamental depth of the situation going on," she said.

 

"It's not so much a case where they are taking the narrative that, you know, the Prime Minister is under investigation and this is bad. The discussions aren't as black and white as that, but more so, this is going on, but what are the root causes behind it? What does this mean for the light that we view the Prime Minister in? What does this mean for the light that we view the Integrity Commission in?" explained the university student, who was also a guest on the Morning Agenda.