The Firearm Licensing Authority (FLA) has lost its court bid to get disclosure of an investigative report from the Integrity Commission.
The controversial investigative report concerns allegations of corruption, impropriety and irregularities in the storage of firearms and ammunition and the award of firearm licenses.
The ruling was handed down by Justice Tara Carr in chambers at the Supreme Court.
The matter has been a hot button topic in recent weeks with the opposition calling for the report to be tabled in Parliament and the Government explaining that the decision to not table the report is because the matter was before the court.
A statement from the Court Administration Division today said the court determined that the report remains confidential under the provisions of the Integrity Commission Act until it is formally tabled in Parliament.
In refusing the application, Justice Carr held that the court already had sufficient information to determine the issues arising at the leave stage and that disclosure of the report was therefore unnecessary at this point in the proceedings.
The court found that the FLA was already aware of the nature of the investigation, the decision- makers involved and the grounds upon which it intended to challenge the process, including allegations of procedural unfairness and illegality.
Justice Carr stated that the judicial review proceedings are primarily concerned with the decision-making process of which the applicant was already aware.
The court further held that the Integrity Commission had satisfied its duty of candour by providing sufficient information regarding the investigation and the process undertaken.
Justice Carr also rejected submissions that the report fell outside the confidentiality provisions of the Integrity Commission Act.
The court concluded that reports prepared pursuant to section 54 of the Act remain subject to the confidentiality requirements imposed by section 53(3) until they are tabled in Parliament.
The judge noted that the legislation expressly criminalises unauthorised disclosure of confidential investigative material and held that it would be inappropriate for the court to order disclosure in circumstances where Parliament had prescribed a clear statutory process governing confidentiality and tabling.
Accordingly, the court refused the application for disclosure.
The court granted leave to appeal the ruling.
The substantive application for leave to apply for judicial review is scheduled for hearing on September 17.
In the meantime the FLA will be appealing the court’s ruling to refuse its bid for disclosure of an Integrity Commission investigative report.
The Supreme Court indicated that the report remains confidential under the provisions of the Integrity Commission Act until it is formally tabled in parliament.
Attorney at Law Neco Pagan told IRIE FM News that the FLA is confident of a decision in its favour by the Appeal Court.
