IC puts hold on plan to charge Wheatley Court challenge set to begin July 23

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.

An undertaking to the court by lawyers is considered enforceable and subject to contempt proceedings if breached.

Wheatley’s legal team was also granted permission to make amendments to their court filings as they seek to strengthen their challenge to the recommendation from the IC that he be charged.

The IC is to file affidavits in response to the submissions made by Wheatley’s legal team by July 13. Wheatley’s legal team is to file an additional affidavit on or before July 17. The application for leave to seek judicial review is to then be heard on July 23.

Wheatley has taken the IC to court over its recommendation that he be charged with illicit enrichment. The commission had alleged that his assets are disproportionate to his earnings to the tune of $164 million. But Wheatley has accused the IC of acting unreasonably and unfairly and failing to take into consideration several circumstances which render its allegation false.

Wheatley has named the IC’s Stephenson and Murdock as defendants in his court filings. He is being represented in the civil aspect of the case by King’s Counsel Ransford Braham, Abe Dabdoub and Neco Pagon. The IC is being represented by King’s Counsel Kevin Powell.