Prime Minister Dr Andrew Holness has lost his bid to strike out portions of an affidavit filed by a senior Integrity Commission (IC) official after the Court of Appeal dismissed his challenge to a Supreme Court ruling in the matter.
The appellate court also lifted the stay of proceedings that had been imposed pending the outcome of the appeal, clearing the way for Holness’ substantive judicial review challenging the Integrity Commission’s investigation into his financial affairs to resume in the Supreme Court.
The decision was delivered by Justice Paulette Williams in the Court of Appeal on Friday morning.
The appeal, however, was considered on paper by Justice Frank Williams, Justice Marcia Dunbar-Green, and Justice Frank Brown.
The appeal arose from a July 31, 2025, ruling by Justice Althea Jarrett, who had declined to remove at least 12 paragraphs from a 108-page affidavit sworn by Craig Beresford, the commission’s Director of Information and Complaints.
Holness and his co-claimants – Imperium Holdings Limited, Positive Media Solutions, and Positive Jamaica Foundation – had argued that the paragraphs were “scandalous, frivolous, and vexatious” and that their prejudicial value outweighed any probative worth.
The contested sections and exhibits include internal IC assessments of Holness’ finances, investments, and approved income declarations dating back to 1998. Some of the issues covered a 2019 report on Holness’ businesses, concerns about non-declarations, investments in financial instruments and companies such as Olint and CashPlus – two failed investment schemes.
The commission maintained that the statements were directly responsive to claims raised by Holness and fell within Beresford’s personal knowledge.
NOT ENTIRELY UNFAVOURABLE TO HOLNESS
Justice Jarrett’s ruling had not been entirely unfavourable to Holness as she had ordered the Integrity Commission to disclose certain documents prepared by officials involved in the investigation.
The commission had earlier provided a report by an international forensic accountant that Holness’ legal team had also sought.
However, the judge denied him access to other contested materials, including redacted documents his team described as critical to their case.
The Court of Appeal affirmed all of Justice Jarrett’s orders.
Holness and the affiliated entities have also been ordered to pay the legal fees of the IC and its senior officials.
The broader litigation concerns a judicial review and constitutional challenge filed by Holness and the three entities in September 2024 against Beresford, Director of Investigations Kevon Stephenson, and the Integrity Commission, contesting the fairness of the commission’s investigation into his finances.
Stephenson had raised concerns over alleged discrepancies in Holness’ 2021 statutory filings and transactions exceeding $470 million involving companies linked to him.
Holness has denied any wrongdoing.
The commission and its officials are represented by the law firm Hylton Powell, while Holness and the companies are represented by Henlin Gibson Henlin.
Beresford is now the executive director of the Integrity Commission.
– Tanesha Mundle
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