Mr. Ian Dave Hayles v Mrs. Charlotte Alexander Hayles
| Jurisdiction | Jamaica |
| Judge | Shelly-Williams, J |
| Judgment Date | 02 December 2022 |
| Court | Supreme Court (Jamaica) |
| Year | 2022 |
| Docket Number | CLAIM NO. 217 HCV744 |
[2022] JSMC Civ 229
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CLAIM NO. 217 HCV744
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Mr. Abe Dabdoub instructed by Dabdoub and Dabdoub for the Applicants, Mrs Jacqueline Samuels Brown and Mr Lorenzo Eccelston instructed by the Integrity Commission for the Respondent, Ms Lisa White and Mr Foreman instructed by Director of State Proceedings for the Interested Parties.
Administrative Law — Application for Leave to apply for Judicial Review — Whether the opinion of the Office of the Contractor General as well as subsequent referral can be reviewed — Whether a stay can be granted prior to leave being granted — Whether the Court has jurisdiction to intervene in the conduct of Parliament.
Constitution of Jamaica Sections 48 (2) and 51 (1).
Civil Procedure Rules 56 (2), 56 (3).
Statues Contractor General Act Sections 4(1) (b), 15, 16, 20, 21, 28 — Senate and House of Representatives (Power and Privileges) Act Sections 29 and 51.
The applicants filed a Without Notice Application for Leave to apply for judicial review on the 9 th of March 2017. The applicants amended their Notice of Application on the 13 th of March 2017 and subsequently filed a Further Amended without Notice Application on the 15 th of March 2017. The Further Amended Application prayed :-
(1) The Applicants be granted leave/permission to apply for judicial review seeking Declarations, and Writs/Orders of Certiorari and prohibition.
(2) An Injunction retaining the Respondent by himself, his servants and/or agents or otherwise howsoever from causing any report arising from his investigation into “allegations of conflict of interest, irregularity and/or impropriety in relation to the construction of buildings by Mr. Ian Hayles, Member of Parliament for Western Hanover without approval from the Hanover Parish Council” to be published, presented and/or provided to any person whomsoever, including but not limited to any public or statutory body or public servant until further order of the Court.
(3) That the costs of this application to be costs in the judicial review proceedings
(4) Such other relief and o order as this Honourable Court may deem fit.
Section 1: details of the Applicants and Respondent
1. The 1 st Applicant is Mr. IAN HAYLES Member of Parliament (M.P.) for Western Hanover and the former Minister of State in the Ministry of Water, Land and The Environment whose address for service is that of his said Attorneys-at-Law, Messers. Dabdoub, Dabdoub & Co., Attorneys-at-law.
2. The 2nd Applicant is Mrs. Charlotte Alexander Hayles of 31 Hopefield Avenue, Kingston 6, in the Parish of Saint Andrew, Businesswoman and company Director, and the wife of the 1st Applicant. Her address for service is that of her said Attorneys-at-Law Messrs. Dabdoub, Dabdoub & Co.
3. The Respondent (“The Contractor General”) is a Commissioner of Parliament created under 3 of the Contractor General Act (‘The Act”) whose address is 16 Oxford Road, Kingston 5.
Section 2: Details of relief being sought including interim relief
1. A Declaration that the Contractor General Act, pursuant 15, 20 and 28, does not clothe the Respondent with lawful authority or confer upon his jurisdiction to commence and conduct an investigation and make and publish a report into “ allegations of conflict of interest, irregularity and/or impropriety in relation to the construction of buildings by Mr. Ian Hayles, Member of parliament for Western Hanover without approval from the Hanover Parish Council.” (emphasis added).
2. A Declaration that neither Mr. Ian Hayles M.P. nor Mrs. Charlotte Alexander Hayles his wife, entered into any contract for the erection of any building on lands owned by the Commissioner of Lands and further that the Contractor General does not have the authority or jurisdiction to commence, conduct and continue an investigation or to make and publish a report of the erroneous and improper findings of his investigation into the building on Government land conducted without a contract having been entered into with Government.
3. A Declaration that neither Mr. Ian Hayles M.P. nor his wife Mrs. Charlotte Alexander Hayles entered into any government contract for the construction of a building on lands owned by the Commissioner of Lands or by the Government of Jamaica which, in any event, does not clothe the Contractor General with any lawful authority to commence, conduct and continue an investigation or to make and publish a report of the findings of his investigation.
4. A Declaration that the Contractor General acted ultra vires, unlawfully and/or without lawful authority or jurisdiction by deciding to commence, conduct and continue an investigation and to make and publish a report of the erroneous and improper findings of his investigation as a result of a complaint concerning ‘allegations of conflicts of interests, irregularity and/or impropriety in relation to the construction of buildings by Mr. Ian Hayles, Member of Parliament for Western Hanover without approval from the Hanover Parish Council”.
5. A Declaration that on a proper construction and interpretation of the Contractor General Act, the Contractor General does not have Lawful Authority to initiate any investigation, whether special or not, or to make and publish a report of the findings of his investigation into the construction of a building on any land save and except where there is a government contract at issue for the construction of any such building.
6. A Declaration that on the proper construction of the Contractor General Act, it is unlawful for the Contractor General to initiate an investigation and/or special investigation or to make and publish a report of the findings of his investigation in relation to the construction of a building on any land which is privately owned.
7. A Declaration that Mr. Ian Hayles M.P. is not and was never an owner of any lands, subject of the investigation by the Contractor General and was not involved or intimately linked to the construction of the building on ay lands, subject of the investigation by the Contractor General.
8. A Declaration that the decision to launch an investigation without first seeking to ascertain pertinent facts with were easily ascertainable by the examination of public records accessible to the said Contractor General is irrational and unreasonable having regard to evidence, information and other material available in public records to which he had easy access.
9. A Declaration that, in light of the evidence of Andrew Bromfield, commissioned Land surveyor, that the Sketch Plan of part of Cousins Cove, Lot 23 and lot 24 was commissioned by Mrs. Hayles and prepared by his office, the finding by the Contractor General that the Sketch Plan is a False document is erroneous, irrational, plainly wrong and injudicious and against the weight of all the evidence.
10. A Declaration that, in light of the evidence of Andrew Bromfield, Commissioned Land Surveyor, that the sketch Plan of part of Cousins Cove, Lot 23 and Lot 24 was commissioned by Mrs. Hayles and prepared by his office, he finding by the Contractor General that there is Prima Facie evidence of forgery on the part of Mr. Ian Hayles and Mrs. Charlotte Alexander Hayles with respect to the Sketch Plan is erroneous, unreasonable, irrational, plainly wrong and injudicious and against the weight of all the evidence.
11. A Declaration that, in light of the evidence that the Hanover Parish Council was advised by the Vendor of Lot 24 that he had made an error in selling the said Lot to Pauline Gary, the Contractor General's decisions to refer Mrs. Pauline Gray to the Commissioner of Police for further investigation, with respect to the circumstances under which Lot 24, Cousins Cove Hanover was sold to her by Mrs. Pauline Hojan and Mr. Gerhard Hojan is unreasonable, irrational, injudicious and plainly wrong.
12. A Declaration that in making application to the Registrar of Tiles, prior to completion of his investigation, for a Registrar's Caveat No. 2008539 to be lodged on June 17, 2016 against Certificated of Tile registered at Volume 1495 Folio 141 and also Volume 1160 Folio 761 of the Register Book of Titles in breach of Section 20 of the Contractor General Act, is illegal, irrational, injudicious and plainly wrong.
13. A Declaration that, having been advised by the National Land Agency in or about June 2016 that the land registered at Volume 1495 Folio 141 upon which Just One Plaza was built was not owned by the Commissioner of Lands or the Government of Jamaica and was privately held land, the Contractor General, in wanton disregard of the constitutional rights of the legal and beneficial owners of the said lands, failed in his duty and obligation to immediately advise the Registrar to Titles of his error and to request that the Registrar's Caveat be withdrawn.
14. An Order of Certiorari to remove into This Honourable Court and quash any report containing improper and erroneous adverse findings in respect to Ian Hayles M.P., and his wife Charlotte Alexander Hayles by the contractor General on the grounds that such findings are irrational and unreasonable and not supported by evidence or in law.
15. A Declaration that the findings that the Hanover Parish Council has not issued a Planning and Building Permit to Just One Service to undertake the development of the petroleum filling station in Orange Bay, Hanover, is against the available evidence.
16. A Declaration that the Contractor General's Report arising from the investigation...
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