Andrew Wheatley challenging IC report in court

Member of Parliament for St. Catherine South Central Dr. Andrew Wheatley has made good on his promise to challenge the Integrity Commission in court, following its recent Investigation Report. 

Dr. Wheatley's legal team on June 23 filed an affidavit and application on June 23, seeking leave to apply for Judicial Review in the Supreme Court in response to the allegations made by the IC. The lawyers have also filed a notice of application for several orders.

It comes after the IC recommended that Dr. Wheatley, who is also Minister with responsibility for Science, Technology & Special Projects, be charged with four offences, including illicit enrichment, after a probe found assets allegedly disproportionate to his lawful earnings by more than 164 million dollars.

Dr Wheatley has denied the allegations.

In the application, Dr. Wheatley's legal team requested that the Investigation Report be quashed, including comments, findings, observations, conclusions and recommendations. 

The lawyers are asking as well for the recommendation that the report be referred to the Director of Corruption Prosecution, the ruling by acting Director of Corruption Prosecution Kelly-Ann Murdoch, as well as the recommendation that the report be referred to Tax Administration, Jamaica, to be overturned. 

They also called for an Interim Court Order to prohibit any prosecution of or laying of criminal charges against Dr. Wheately by way of the findings and subsequent ruling arising from the report until the hearing and determination of the application for judicial review. 

Furthermore, his legal wants a declaration that the probe and subsequent report were unfair and in breach of the principles of natural justice and procedural fairness, and that the Investigation Report is accordingly null and void.

In the legal challenge, Dr. Wheatley's team contends that Director of Investigation, Kevon Stephenson and the Integrity Commission acted beyond the powers conferred by the Integrity Commission Act and erred in law on several grounds.