Wheatley granted injunction barring IC charges until judicial review
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Analysis
This article discusses a substantive government accountability issue involving the Integrity Commission's investigation of a Cabinet Minister for alleged illicit enrichment. It covers judicial proceedings related to corruption charges, making it directly relevant to government accountability tracking.
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The Supreme Court has granted an injunction preventing the Integrity Commission (IC) from charging Cabinet Minister Dr Andrew Wheatley until the hearing and determination of an application by his lawyers for judicial review.
Wheatley had applied for leave to pursue judicial review against the IC’s recommendation that he be charged with illicit enrichment.
Observer Onlineunderstands that the Supreme Court on Friday granted Wheatley’s application, recommending that the judicial review be heard by a panel of three judges.
Before granting the injunction, presiding Judge Justice David Batts had suggested that the IC consider an undertaking not to charge Dr Wheatley until the hearing and determination of the judicial review.
The commission said it could not give an undertaking at this time. The judge then granted the injunction.
It is understood that the IC’s application for leave to appeal the ruling was denied.
The Integrity Commission had alleged that there is a disproportionality in Wheatley’s assets when compared to his income to the tune of $164 million.
Wheatley rejected the allegation and accused the IC of failing to take into consideration $168 million in rental income accumulated over a decade.
He is being represented by a high powered legal team including King’s Counsel Ransford Braham, Abe Dabdoub and Neco Pagon.The Integrity Commission is being represented by King’s Counsel Kevin Powell.
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