A dramatic 2024 for the IC

1. Holness probed for illicit enrichment

Prime Minister Dr Andrew Holness was investigated by the Integrity Commission (IC) for illicit enrichment after concerns about his assets exceeding lawful earnings. A report tabled in September 2024 examined his 2019-2022 statutory declarations. While the director of corruption prosecution found insufficient evidence to charge Holness, unresolved questions about his finances remain. The IC report also flagged almost half a billion dollars in transactions for three companies with nil tax returns, referring the matter to Tax Administration Jamaica and the Financial Investigations Division for further investigation. Holness has denied wrongdoing.

2. Holness vs IC – judicial review

Prime Minister Dr Andrew Holness challenged the Integrity Commission’s investigation report into his finances, filing for judicial review on September 30. He claimed the report, released on September 17, was unlawful, unfair, and violated his constitutional rights. Holness contested Section 14(5) of the Corruption Prevention Act, arguing it shifted the burden of proof onto him. He also sought damages for privacy breaches and stigma. On December 6, Justice Jarrett allowed the review but denied some requests, acknowledging the ongoing Financial Investigations Division probe.

3. Mikael Phillips fined

Opposition MP Mikael Phillips was fined $250,000 for failing to submit his statutory declaration by the March 31, 2023 deadline. Though Phillips filed the declaration on May 31, 2023, he delayed the fine payment, breaching the Integrity Commission Act. Director Keisha Prince-Kameka confirmed Phillips failed to pay by June 26, 2023, and should face prosecution. Phillips cited document issues for the delay, asserting no connection to illicit enrichment.

4. Dwayne Vaz fined

Dwayne Vaz, the former member of parliament for Westmoreland Central, was fined $250,000 on June 6, 2024, for breaching the Integrity Commission (IC) Act by failing to submit his 2019 statutory declaration on time. Although he insisted he complied with the IC Act, the commission found he did not provide necessary documentation despite requests. Vaz submitted the required information but missed the penalty payment deadline. His attorney presented mitigating circumstances, arguing the delay was due to late document submission, not failure to file, and that documents were certified since 2021.

5. Former RGD boss Charlton McFarlane charged

Charlton McFarlane, former CEO of the Registrar General’s Department, faced charges for failing to submit statutory declarations for 2019, 2020, 2021 and 2022. The Integrity Commission’s director of corruption prosecution ruled McFarlane breached Section 43(1)(a) of the IC Act. He was fined $200,000 for the initial failure and an additional $50,000 for each of the four counts of missing declarations. McFarlane pleaded guilty in April 2024, paid the fines, and submitted the outstanding declarations, avoiding imprisonment.

6. Judge rules Dalrymple-Philibert to stand trial

On December 13, Parish Court Judge Leighton Morris ruled that the Integrity Commission’s case against MP Marisa Dalrymple-Philibert would proceed to trial. Dalrymple-Philibert’s attorneys sought to have the case dismissed, citing potential abuse of process, but the judge rejected their application. The trial is set for March 31, with a case management hearing on February 7. The charges involve her failure to disclose the purchase of a 2015 Mercedes-Benz in statutory declarations from 2015-2021.

7. Charges loom for former Sugar Industry Authority boss

The Integrity Commission’s director of corruption prosecutions recommended charging former Sugar Industry Authority CEO George Callaghan for breaching section 43(2)(a) of the IC Act. The charges stemmed from Callaghan’s failure to disclose multiple bank accounts in his statutory declarations for 2018-2020. Despite declaring one account, evidence revealed he owned five. The accounts were found to have been used frequently during the period covered by the declarations. They were closed between October 2021 and August 2022, which raised questions about the timing of the closure in relation to a request for further information from the IC. The IC found sufficient grounds to suggest Callaghan knowingly made false statements, as he declined to answer related questions during an interview.

8. Ex-NEPA Director Morjorn Wallock challenged IC’s findings

Morjorn Wallock, former head of enforcement at the National Environment and Planning Agency, sought a judicial review of the Integrity Commission’s (IC) report accusing her of “gross dereliction” in handling construction breaches linked to National Water Commission President Mark Barnett’s apartment complex. Wallock argued she was unfairly denied the opportunity to explain her actions. The IC report criticised her for failing to enforce compliance with an environmental permit and take further actions. Wallock sought to quash the findings, claiming natural justice violations, and demanded damages for reputational harm.

9. Blame on NEPA

Legal experts attributed the failure to prosecute suspended National Water Commission President Mark Barnett and his wife, Annette, for environmental permit breaches to mishandling by the Natural Resources Conservation Authority (NRCA) and National Environment and Planning Agency (NEPA). The breaches involved deviations from approved plans for Barnett’s apartment complex at 11 Charlemont Drive in St Andrew, which NEPA had known about since 2020. Attorney Peter Champagnie argued that the NRCA should have initiated criminal proceedings, but the Office of the Director of Public Prosecutions ruled the case statute-barred, criticising the failure to escalate the breaches. Confusion over agency roles further complicated the issue.

10. Company linked to Holness, business partner breached building law

An Integrity Commission investigation uncovered a building regulation breach involving Estatebridge Holdings Limited, linked to Prime Minister Dr Andrew Holness. The company constructed an apartment complex at 2 Weycliffe Close in Beverly Hills, St Andrew, with more rooms than authorised by its Kingston and St Andrew Municipal Corporation (KSAMC) permit. Despite conducting three inspections, the KSAMC’s documentation indicated that they had mistakenly deemed the development compliant at all stages. Holness, through his company Imperium Investment Holdings, had shares in Estatebridge but forfeited them in 2022. Holness denied ownership and criticised the report, alleging targeted actions.

11. Investigation launched into Dennis Gordon’s JACDEN

Mayor Andrew Swaby confirmed that the Integrity Commission is investigating a building regulation breach at a Lyndhurst Road development led by Councillor Dennis Gordon’s JACDEN Group. The breach was discovered in September 2023, when the development at 18 ½ Lyndhurst Road was found to be a three-storey building instead of the approved two storeys. A cease work order was issued in November 2023, and by April 2024, the developer had met all requirements. The application for approval of variations is under review. Swaby said he would reserve further comments until the IC’s report is published.

12. IC vs Oversight Committee

Retired Justice Seymour Panton, chairman of Jamaica’s Integrity Commission (IC), rejected claims of malice or partisanship against the commission, made by some parliamentarians. Speaking before the Integrity Commission Oversight Committee, Panton stressed that the commission operates impartially, refuting accusations of political bias.

In the same breath, he joked about the quality of water in Parliament, alluding to the unusual behaviour of some parliamentarians when they enter the House of Representatives. He later also dismissed a call for an apology for the remark from Senate President Tom Tavares-Finson. He urged focus on legislative matters instead of engaging in divisive disputes.

Panton also condemned efforts to undermine the commission’s reputation, including leaks of IC documents, promising investigations into any internal breaches.

13. Warmington vs IC

Government lawmaker Everald Warmington, a member of Jamaica’s Integrity (IC) Commission Oversight Committee, raised concerns in Parliament about the lack of audited financial statements for the agency. He questioned how the IC could operate without one, threatening to withhold $2 billion in requested funding for the upcoming fiscal year if an audit was not tabled by March 2025. In response, the IC clarified that audits have been conducted annually by an external auditor, with the most recent audit for 2023-2024 approved by former Finance Minister Dr Nigel Clarke. It outlined concerns that some parliamentarians, including Warmington, were unaware of the commission’s processes and laws.