Court grants Wheatley leave to challenge Integrity Commission prosecution

Cabinet Minister Dr Andrew Wheatley has been granted leave to seek judicial review of the Integrity Commission's decision to prosecute him for alleged illicit enrichment and other corruption-related offences.

At the same time, the IC has been barred from filing criminal charges until the matter is determined.

Justice David Batts, in a ruling this morning, granted permission for the judicial review for Wheatley to proceed with his challenge against the actions of Director of Investigations Kevon Stephenson, Acting Director of Corruption Prosecution Kelly-Ann Murdock and the Integrity Commission.

Justice Batts ordered that Murdock and the Integrity Commission, "or their successors, are restrained, whether by themselves, their servants or agents or otherwise howsoever, from laying any criminal charge, instituting or continuing any prosecution" against Wheatley founded on the investigation report or the ruling of the Director of Corruption Prosecution until the hearing and determination of the judicial review claim.

The injunction will expire within 14 days of the order if Wheatley fails to file his substantive claim for judicial review.

The judge also recommended that the matter be heard by a full court comprising three judges because of its importance, and refused leave to appeal.

The Integrity Commission, in a report tabled in Parliament last month, ruled that Wheatley should face four criminal charges following an investigation by the commission.

The prosecutor recommended that Wheatley be charged with illicit enrichment after investigators concluded that assets allegedly under his control exceeded his lawful earnings by more than $164 million.

Murdock also recommended two counts of knowingly making false statements in statutory declarations, relating to the periods 2013 to 2017 and 2018 to 2022, as well as one count of failing to provide information requested by the commission's Director of Information and Complaints.

The investigation report further recommended that concerns regarding the tax compliance of a medical business formerly owned by Wheatley be referred to the Commissioner General of Tax Administration Jamaica.

Wheatley, the Member of Parliament for St Catherine South Central, serves as Minister without Portfolio in the Office of the Prime Minister with responsibility for science, technology and special projects. He previously served as Minister of Science, Technology and Mining before resigning from the Cabinet in 2018 amid the Petrojam controversy.

Dr Wheatley is represented by Ransford Braham KC, Abe Dabdoub and Neco Pagon.

The Integrity Commission is being represented by King's Counsel Kevin Powell.

- Tanesha Mundle

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