This week's featured overall development as Newsmaker of the Week just ended is the range of reactions to the firestorm that was unleashed by the Integrity Commission (IC) with its investigation report on Prime Minister Andrew Holness' statutory declarations.
Holness has found himself at the centre of a political storm after the highly anticipated report was tabled in Parliament on Tuesday.
The report has, among other things, further reheated the political landscape ahead of next year's general elections, which will presumably be hotly contested by the two main political parties.
Despite the IC stating that it was unable to determine whether the prime minister illicitly enriched himself, other eye-opening findings in the report have resulted in a full-blown political row between supporters of both the governing Jamaica Labour Party (JLP) and the Opposition People's National Party (PNP), with the former rejecting calls from the PNP for Holness to resign.
Both the JLP's Senate and Lower House member caucuses have thrown their full support behind Holness, who they said was cleared by the IC, and was not found to have illicitly enriched himself.
But amid the pushback from the JLP, as well as some political observers and prominent persons in the society, the calls for Holness to step aside are continuing, especially from some ordinary Jamaicans on social media.
The IC, in its much anticipated 179-page report, said it commenced its investigation on a referral that Holness could be in breach of the Corruption Prevention Act, The Parliament (Integrity of Members) Act, and Integrity Commission Act by virtue of his holding assets in Imperium, a company which made investments in two associated companies.
“The referral (that gave rise to the probe) raised further concerns that Holness omitted to disclose in the referenced statutory declarations, filed by him (in 2021) with the commission, certain bank accounts he held jointly,” said the IC in its report.
Based on the report, the IC's Director of Corruption Prosecutions, Keisha Prince-Kameka, ruled out criminal charges against Holness for failing to declare four banks accounts on which his name appeared when he filed his statutory declarations with the commission for the 2021 reporting period.
The four bank accounts that were not declared had balances totalling just under $446,000, and were in the names of his mother, father, sister and a former constituency worker.
Holness explained that he was added to his parents’ accounts when he was a minor. In the case of the former constituency worker, the prime minister said he had encouraged her to open the account, but did not know how his name came to be on the account.
However, despite that ruling relative to the bank accounts, the IC's Director of Investigation, Kevon Stephenson, referred certain concerns arising from the investigation to Tax Administration Jamaica (TAJ) and the Financial Investigations Division (FID) for further probe, with the referrals being subsequently rejected by the JLP.
Late Thursday, the FID confirmed by way of a press release that it will be undertaking a comprehensive analysis of the IC's investigation report, this after it received a communication from the IC on September 19.
"The contents will be analysed in accordance with the legislations that govern the FID’s functions," the release indicated.
The release added that the FID will be seeking to determine what, if any, specific area may be probed in keeping with its mandate.
But on Friday it emerged that Holness' attorneys could apply for a judicial review of the IC's decision to have the FID review the investigation report.
Prime Minister Andrew Holness
In the report, Stephenson said it will need to be determined by the FID and TAJ whether several companies named in the report and which have connections to Holness and at least one of his sons, “are operating within the parameters of the laws of Jamaica, given the remit of those entities, and whether recommendations ought to be made to any other authority.
“Further, the questions surrounding the use of funds belonging to Positive Jamaica Foundation to purchase (in part) a bond worth US$94,000, and the operations of companies with which Mr Holness is/was associated, and which he named as the source of funds to acquire particular assets, would also need to be resolved by the relevant entities before the DI can make a final conclusion on the question of illicit enrichment,” the report said.
The IC has raised numerous questions about multiple transactions involving the prime minister’s companies, including a US$94,000 spend to acquire (NFE South Power 11 per cent 2039 bond) on September 2, 2019.
The DI concluded that only US$61,892.98 was funded by him, and that the remaining amount of US$32,107.02 was taken from funds apparently belonging to a registered charity, Positive Jamaica Foundation, of which the prime minister was, at the material time, a director.
“The DI further concludes that Mr Holness’ indication on July 16, 2024, that the full portion of the bond (US$94,000) was erroneously attributed to him by NCBCM, is misleading and unsupported by the evidence. The report said the bond in question was called in 2020, and the principal and interest were paid to Mr Holness.
“The proceeds were incorporated into Mr Holness’ assets which he holds in Imperium, and the DI concludes that the funding of the company, Positive Media, in which Imperium (wholly owned by Mr Holness) was a majority shareholder before being replaced by one of Mr Holness’ sons in 2022, raises several concerns as to the true nature of this company’s operations," the report said.
The DI’s conclusion is premised on Holness’ explanation as to the funding of the referenced company, wherein he indicated that Positive Media is funded by Imperium.
The report said the evidence suggests that Positive Media was funding Imperium, rather than Imperium funding Positive Media. It noted that amounts totalling over $70 million were transferred from Positive Media to Imperium, and over $50 million from Imperium to Positive Media, over the relevant period.
While the commission has not made any definitive accusations of wrongdoing, but has rather raised several questions, the overall scenario has cast a shadow over Holness' Administration and himself as the county's leader.
The prime minister, in Parliament on Tuesday, said he would be seeking legal advice on the investigation report, with him saying he strongly opposed some of the IC's findings.
“I will take further legal advice on this report and determine the way forward, and I will continue to pray to God for guidance and strength as I continue to lead Jamaica,” the sombre-looking prime minister said.
He appeared to take issue with the summary of the report which outlined his personal financial affairs from 2018 to 2023, including associated private third-party businesses and transactions.
“Over 3,600 transactions examined, 28 bank accounts, over 80 witness statements collected. This effort to pursue me and my affairs led to the hiring of an international forensic accounting examiner for six months. As far as I am aware, only my 2021 declaration was submitted for investigation,” he remarked.
“After this most thorough interrogation of my personal affairs, which is not in any way connected to public funds, or a benefit resulting from my office, they were ‘unable to come to a conclusion regarding illicit enrichment',” he said.
In noting that the IC concluded that in 2022 there was unexplained growth of J$1.9 million in his net worth, Holness said that, “I reject this finding based on materiality and significance.
"While I have not had a chance to fully review their specific calculations, just on a cursory review, I have seen an error in figures they have used in their calculations."
Amid the many more rejections of aspects of the report by Holness, the Opposition PNP has seized on the controversy, calling for Holness to resign pending the outcome of a full investigation, or call general elections.
Opposition Leader and People's National Party (PNP) President, Mark Golding (right) and party elder, attorney KD Knight, at Thursday's press conference.
PNP leaders, including party President Mark Golding, argued at a press conference on Thursday that the integrity of the office of prime minister demands that any cloud of suspicion be cleared immediately to maintain public trust.
Golding used the opportunity to urge Holness to resign or call general elections in light of the developments regarding his statutory declarations.
The Opposition leader also asserted that it is "untenable" that Holness is not in good standing with the Integrity Commission (IC), given that the commission has stated that Holness' statutory declarations cannot be certified until a further probe is conducted into them.
"We cannot go on like this. The prime minister must step aside now or call fresh elections so that the people have the chance to elect a new Government that can take our country out of this mess," declared Golding.
For veteran PNP politician and attorney, KD Knight, the IC's report highlighted several aspects that require urgent investigation based on the contents.
But the JLP and Holness have fired back, with the latter threatening defamation lawsuits.
From the JLP's perspective, as articulated by one of their communications spokespersons on the matter, Member of Parliament (MP) for West Rural St Andrew, Juliet Cuthbert-Flynn, the PNP's call for Holness to demit office is both "desperate and unwarranted".
Said Cuthbert-Flynn: "I understand that the PNP out of desperation, wants to see the back of the most positively consequential prime minister that Jamaica has seen in recent times, who has skilfully led our country through multiple crises and has not been implicated in unbecoming or unlawful
