‘He is in error’

Amid the ongoing debate over the referral of Prime Minister Andrew Holness’ financial affairs for further probe, legal experts are offering differing views on Justice Minister Delroy Chuck’s charge that the Integrity Commission (IC) should be ordered to certify the head of government’s statutory declarations.

Speaking with The Gleaner yesterday, attorney-at-law Andre Earle, King’s Counsel (KC), argued that Chuck erred in his stance taken during a meeting of the Integrity Commission Oversight Committee at Gordon House on Tuesday.

Kevon Stephenson, director of investigation at the IC, had referred the matter to the Financial Investigation Division (FID) after a monthslong illicit enrichment investigation surrounding Holness.

“I believe that, with the greatest of respect to the honourable minister of justice, Delroy Chuck, King’s Counsel, that he is in error because there is no provision that I have seen in the act to support what he is saying,” Earle told The Gleaner yesterday.

Earle said he wished there were such a provision in the legislation that Chuck could point the public to before he made his remarks.

During Tuesday’s committee meeting, Chuck had said, “It is about time that this report be the final report and the IC should be mandated to certify the prime minister’s declaration, forthwith, because it has found nothing that could in any way suggest that there is any wrongdoing.”

According to Earle, an amendment of the Standing Orders of the House (73D) states that the Integrity Commission Oversight Committee (ICOC) shall have the duty of, among other things, (a) monitoring and reviewing the performance of the functions of the IC.

“That doesn’t have anything to do with directing them to certify.”

He contended that Section 6(3) of the Integrity Commission Act (ICA) states that, in the exercise of its powers and functions, the commission shall not be subject to the direction or control of any other person or authority other than the court, by way of judicial review.

Earle added that the legislation also makes it clear that the IC “shall act independently, impartially and fairly in the public interest and shall have the power to do all such things as it considers necessary or expedient for the purpose of carrying out its functions”.

Earle also commented on Part B of the schedule of the act that speaks to the issue of certification. The particular schedule states that “the Integrity Commission hereby certifies that the statutory declaration submitted by the declarant has been examined and is satisfied that a full declaration has been made in accordance with the provisions of the Act”.

The senior legal counsel added: “So, if that is what it is supposed to do, the Integrity Commission, as we speak, has expressed the inability to do so at this juncture.”

However, attorney-at-law Peter Champagnie, KC, argues that Chuck’s position can readily be appreciated if one observes the view that the tabling or presentation of the Integrity Commission report to Parliament marks the end of the process.

“That, in such circumstances, there wasn’t any finding of illicit enrichment, there ought to be no reason why the prime minister’s statutory declaration shouldn’t be certified,” he said.

Champagnie contended that the “position cannot be that the entire process is held to ransom by the opinion advanced by any single individual whose mandate, in respectful opinion, gives no authority at this point to refer any further inquiries to the FID”.

At the same time, constitutional expert Dr Lloyd Barnett has suggested that it was premature at this time for public pronouncements to be made on the issue, as the IC has referred the matter for further investigation by the FID.

However, he indicated that the IC was well within its rights to make a referral to the FID, and the country should await the findings of the law enforcement agency set up to probe financial crimes.

Yesterday, the Jamaica Umbrella Group of Churches (JUGC) encouraged lawmakers to ensure that their oversight of the IC was characterised by international best practices and the highest standards of objectivity.

The JUGC also called for parliamentarians to urgently sign the leadership code of conduct to which the IC requested their signatures.

“In the interest of public accountability, there should be no further delay in the signing of the code of conduct by all members of our legislative and executive branches of government. The JUGC supports the essence and detail of this code which enjoins signatories to commit to integrity, accountability, openness and honesty, among other things,” the church body said.

To date, government lawmakers are yet to sign the code, while their opposition counterparts have already inked the document.

edmond.campbell@gleanerjm.com