The doctor’s dilemma
Dr Andrew Wheatley first served as the Minister of Energy in the Dr Andrew Holness Administration and later resigned in July 2018 amid a series of controversies surrounding investigations at the nation’s oil refinery, Petrojam. The scandal in which he was embroiled hovered largely around governance issues and did not result in any criminal charges being proffered against him. Notwithstanding this, the allegations of corruption and nepotism created enough political discomfort for the Administration that the prime minister had no choice but to relieve him of his duties.
Now Dr Wheatley is the subject of another brewing scandal, that of allegations of illicit enrichment, in which the Integrity Commission (IC) is claiming that he accumulated wealth far beyond his lawful earnings which he did not account for to the IC’s satisfaction.
In its report to Parliament, the IC recommended that four criminal charges be laid against him. Dr Wheatley, in countering these charges, posited that the commission failed to take into account income that he legitimately earned, thus misrepresenting his financial disclosures. He has stated categorically that the report is “false and misleading” and has engaged prominent attorneys to defend him in the matter.
Smelling blood in the water, the Opposition People’s National Party (PNP) has started to encircle like sharks expecting a glorious feast. They have called for his immediate resignation from the Cabinet, advancing all kinds of moral arguments as to his unsuitability to continue as a minister of government. I would be very surprised if they did not take this stance. One can be sure that if the Jamaica Labour Party (JLP) were in Opposition and a PNP minister was so straddled, they too would have adopted a similar posture. This is how the politics has been set ever since Independence. Well-thinking citizens have learnt not to be pulled into the gladiatorial contests between the two competing political tribes as they were so eloquently described by former Prime Minister Percival James Patterson.
So let us distil a few facts above the noise and din of the political tribalism that is getting louder by the day. To begin with, the commission has only recommended that charges be laid against him. The director of public prosecution (DPP) is yet to indicate to Dr Wheatley and the nation, by extension, whether such charges should be laid.
In the meantime, through his attorneys, Dr Wheatley is seeking a judicial review of the entire matter in the Supreme Court. He insists the investigation was legally flawed, procedurally unfair, and factually incorrect. He hopes finally to block any criminal charges until the court makes its ruling. His legal team claims that by pronouncing Wheatley guilty, the IC investigators denied him natural justice and abandoned the principle of reasonable suspicion, a chief tenet of law.
Although there are those who have crucified him publicly, fairness would demand that we allow Dr Wheatley, if it comes to that, to have his day in court. He is innocent until proven otherwise in a court of law. Every citizen is afforded this right and it is a bedrock principle in our jurisprudence, consistent with our rights under the constitution. Any perception of guilt or jeopardy caused by legal antecedents in which he might have been embroiled in the past is just that — perception. We must allow the process to work its way out. On this basis I believe that calling for his resignation from the Government is premature.
But the prime minister has to be very pained that his Government has to be going through a Dr Wheatley 2.0. This is a critical moment in Dr Wheatley’s political career and his path to redemption. Even if he is exonerated by the Supreme Court and no trial ensues, the attacks on his personhood will still leave scars that will take some time to heal. Once you finger any prominent Jamaican in a scandal, you can rest assured that there are many, for reasons best known to themselves, who will believe that the person is guilty of something.
These things do not go away easily. So in these investigations of public figures no stone must be left unturned to ensure that people’s characters are not besmirched and the truth will be ascendant at all times.
Dr Raulston Nembhard is a priest, social commentator, and author of the books Finding Peace in the Midst of Life’s Storms; Your Self-esteem Guide to a Better Life; and Beyond Petulance: Republican Politics and the Future of America. He also hosts a podcast — Mango Tree Dialogues — on his YouTube channel. Send comments to the Jamaica Observer or stead6655@aol.com.
Raulston Nembhard