Phillips paid $250,000 fine, for failing to submit statutory declaration, a year late

The $250,000 fixed penalty for failing to submit a statutory declaration was paid by Member of Parliament for Manchester North Western Mikael Phillips more than a year after it was due.

Yesterday, Phillips told The Gleaner that the fine was paid “recently”, though a May 30, 2023 notice was served granting him the opportunity to discharge any liability to conviction within 21 days from that date.

The Integrity Commission’s Director of Corruption Prosecution Keisha Prince-Kameka said, at the expiration of the notice period, documents received from Tax Administration Jamaica indicated that, up until June 26, 2023, no payment had been received from Phillips.

The director of corruption prosecution said subsequent checks made by the Information and Complaints Division of the Integrity Commission revealed that, on May 31, 2023, Phillips submitted the statutory declaration due on March 31, 2023, which was within the period stipulated by the notice.

She said, having failed, however, to make payment of the fixed penalty, liability for the offence cannot be treated as having been successfully discharged.

The director of corruption prosecution said, based on the foregoing, there is prima facie evidence that Phillips is in breach of the requirements under sections 39 and 41 of the Integrity Commission Act (ICA).

Section 39(1) says every person who, on or after the appointed day, is a parliamentarian or public official, shall submit to the director of information and complaints, a statutory declaration of his assets and liabilities and his income.

LIABLE FOR PROSECUTION

Additionally, section 43(1)(a) of the ICA, a person who fails, without reasonable cause, to submit a statutory declaration which he is required to submit in accordance with the provisions of the section ... commits an offence, and is liable on summary conviction in a parish court to a fine not exceeding five hundred thousand dollars, or to a term of imprisonment not exceeding six months.

The court may make an order mandating the person to comply with the requirement in respect of which the offence was committed.

Prince-Kameka said, having been given the opportunity to discharge criminal liability pursuant to section 43(3) of the ICA and subsequently failing to complete the requirements to so do, Phillips is liable for prosecution for an offence under section 43(l)(a) of the statute in relation to his obligation to submit a statutory declaration for the period ending December 31, 2022.

“Mr Mikael Phillips is to be charged for the offence of failure, without reasonable cause, to submit statutory declaration for the period ending December 31, 2022, contrary to section 43(l)(a) of the Integrity Commission Act,” the director of corruption prosecution ruled.

16-PAGE REPORT

The 16-page investigation report and subsequent two-day ruling were tabled in Parliament yesterday.

Direction of Investigation Kevon Stephenson had recommended that the report be referred to Prince-Kameka for consideration.

Four days ago, Phillips issued a statement disclosing that his 2022 statutory declaration was filed late and that the report has nothing to do with illicit enrichment.

In a media release on Friday, Phillips said his statutory declaration was “unfortunately late due to a delay in getting all the relevant documents”.

However, according to Phillips, shortly after the deadline, the documents were submitted and he has since fully complied with all the requirements.

“As a public servant, I take my responsibilities seriously and while the statutory declaration was delayed it is not connected with illicit enrichment. All my statutory declarations have been certified and the late-filing penalty of $250,000 has been paid,” Phillips said then.

On Saturday, The Gleaner submitted questions to Opposition Leader Mark Golding for answers on when he became aware of the issue involving Phillips.

In addition, Golding was asked how the party would ensure stricter adherence to statutory declaration requirements moving forward, to avoid further embarrassment or legal repercussions for its members.

Golding was also asked whether the prosecution of opposition members of parliament affects the People’s National Party’s credibility on anti-corruption issues.

Golding, at the time, indicated the party’s general secretary, Dr Dayton Campbell, would respond.

Campbell said then that the party would issue a statement.

Yesterday, The Gleaner sought an update and was told that a statement would come from the party.

kimone.francis@gleanerjm.com