Integrity Commission agrees not to charge Andrew Wheatley pending court review
Key Points(5)
- THE Integrity Commission (IC) has reportedly told the court that it will not charge Cabinet member Dr Andrew Wheatley until a determination of his application for judicial review of the commission’s findings and its ruling.
- A hearing into Wheatley’s application for leave to seek judicial review has been set for July 23.
- The development occurred in the Supreme Court on Tuesday, sources told the Jamaica Observer.
- Attorneys for the IC, its Director of Investigation Kevon Stephenson, and acting Director of Corruption Prosecution Kelly-Ann Murdock gave the undertaking to the court on their behalf.
- This was in response to a move by Wheatley’s lawyers to seek an injunction to prevent him being charged before the application for leave to seek judicial review is heard.
The Integrity Commission (IC) has given a formal undertaking to the Supreme Court that it will not bring charges against Cabinet member and South Central St Catherine Member of Parliament Dr. Andrew Wheatley until the court determines his application for leave to seek judicial review.
The matter was heard in the Supreme Court on Tuesday, with a follow-up hearing for the application for leave to seek judicial review set for July 23.
Attorneys representing the Integrity Commission, its Director of Investigation Kevon Stephenson, and acting Director of Corruption Prosecution Kelly-Ann Murdock gave the undertaking on their behalf. An undertaking to the court is legally enforceable and can lead to contempt proceedings if breached.
The development came in response to an application by Wheatley’s legal team seeking an injunction to prevent him from being charged before his judicial review application is heard.
Wheatley has taken the Integrity Commission to court over its recommendation that he face charges of illicit enrichment. The Commission had alleged that his assets were disproportionate to his earnings by approximately $164 million.
However, Wheatley has challenged the findings, arguing that the Commission acted unreasonably and unfairly and failed to take into account several factors he says undermine its conclusions. He has also cited what he describes as $168 million in rental income accumulated over nine years from properties he owns.
His legal team was granted permission to amend court filings as they continue to challenge the recommendation for charges. The Commission is required to file affidavits in response by July 13, while Wheatley’s lawyers must file additional affidavits by July 17.
The judicial review application will then be heard on July 23.
Wheatley has named Stephenson and Murdock as defendants in the matter. He is being represented in the civil proceedings by King’s Counsel Ransford Braham, Abe Dabdoub, and Neco Pagon, while the Integrity Commission is represented by King’s Counsel Kevin Powell.
