By Milton Walker
The Supreme Court has granted permission for the Spectrum Management Authority and its Managing Director, Dr Maria Myers-Hamilton to pursue judicial review proceedings against the Integrity Commission, while also issuing injunctions that temporarily restrain aspects of the Commission's investigation.
In a ruling delivered by Puisne Judge Carole Barnaby, the court allowed the applicants to seek orders of certiorari and prohibition to challenge several notices and a summons issued by the Integrity Commission in July 2025 as part of its investigation into the Spectrum Authority.
The court found that there are arguable grounds, with a realistic prospect of success for judicial review in relation to the Integrity Commission's notices dated July 9 and July 15, as well as a summons to witness dated July 14. As a result, leave was granted for those actions to be challenged.
However, the court refused the applicants' request for leave to seek an order of mandamus to compel the Integrity Commission to return documents and files seized during its entry and search of the Authority's offices, including Dr Myers-Hamilton's personnel file.
The judge ruled that no specific statutory duty had been identified that would require the Commission to return the items at this stage.
The court also declined to extend the time for judicial review in relation to an earlier notice dated April 11, 2025.
In the meantime, the court has granted injunctions restraining the Integrity Commission from entering the premises of the Spectrum Management Authority or examining, inspecting or copying files and documents under the disputed notices and summons, pending the outcome of the judicial review proceedings.
The Commission has also been ordered to seal the personnel files and other documents obtained during the investigation until the matter is determined.
The first hearing of the fixed date claim is scheduled for February 19, 2026.
Costs of the application are to be included in the claim.
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