Judicial Review: Judge Allows PM Holness To Challenge IC Report. On Friday, a Supreme Court Justice granted Prime Minister Holness permission to seek a judicial review in his dispute with the Integrity Commission.
However, the Justice rejected his plea to compel the Integrity Commission to certify his statutory declarations for the years 2022 and 2023.
A judicial review enables the Court to examine the processes a public authority uses to make decisions. It then determines whether these processes are fair and if the decision is legal.
Justice Althea Jarrett ruled that the Prime Minister can continue to seek an order to have the Court quash the August 30, 2024, Integrity Commission report.
Mr. Holness also has leave to petition the Court for an order to quash the entire IC’s Special Report. But the Court excluded the paragraph:
“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.”
Justice Althea Jarrett
Judge denied Judicial review to Compel the IC to Certify PM Holness statutory declarations
However, the Court denied Prime Minister Holness’ appeal for an order to compel the IC’s Director of Investigation, Kevon Stephenson, to recommend the PM’s dismissal concerning his 2021 and 2022 statutory declarations.
The Court declined the application because it can’t and will not interfere with the decision-making powers of public bodies and officers.
Also, the judge refused a plea 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.
Mr. Holness’ attorneys, Georgia Gibson Henlin, K.C., and Senator Sanford Braham, K.C., issued a statement Friday afternoon. They explained that the Court’s ruling allows Mr. Holness to challenge the decision of the IC and Director of Investigation Kevon Stephenson.
The lawyers argue that Prime Minister Holness does not need permission to seek declarations. As a result, his 23 requests for relief will be included in the claim, which is scheduled for its first hearing on January 7, 2025.