MP Mikael Phillips could face court over statutory declaration

People's National Party Member of Parliament for Manchester North Western Mikael Phillips could be facing court regarding is 2022 statutory declaration.

A report by the Integrity Commission, which was tabled in Parliament today, indicated that on May 30, 2023 Phillips was served with a notice granting him the opportunity to discharge any liability to conviction within 21 days from that date.

Failure to file the declaration carries a fixed penalty of $250,000.

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.

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.

When contacted today by The Gleaner Phillips said that the fine was paid “recently”.

This would be more than a year after it was due.

The matter may now have to go to court for a resolution.

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