IC unable to determine illicit enrichment due to lack of data in Holness probe

When asked on August 17 whether any officials in his administration or government lawmakers were being investigated for illicit enrichment, Prime Minister Andrew Holness said that after extensive checks, he found no evidence of such inquiries.

This came against the background of a disclosure by the Integrity Commission (IC) in its annual report for 2022 that six parliamentarians and 28 public officials were being investigated for illicit enrichment. The 2023 report reveals that this number has now risen to eight.

“I have asked as far and as wide, and I haven’t got that response from everyone, but as far as I have been told, no,” Holness told journalists.

“People have been written to, as the Integrity Commission does almost daily, but I have not heard of anyone in my political party being written to for this matter of illicit enrichment,” he said at the time.

However, an investigation report into the statutory declarations submitted by Holness for the years 2019 to 2022 has confirmed that the head of government had been under investigation for illicit enrichment.

The probe was carried out by the IC in respect of concerns that Holness owns assets disproportionate to his lawful earnings, and that he made false statements in his statutory declarations, by way of omissions, contrary to law.

The director of investigation reported that a referral was received from the commissioners of the IC pursuant to Section 14(5) of the Corruption Prevention Act and 43(2)(a) of the Integrity Commission Act in relation to the statutory declaration submitted by prime minister Holness for the year 2021.

The IC said a letter was sent to Holness on May 5, 2023 by the director of investigation advising him of the referral received for investigation.

MUST BE PROVED

For the offence of illicit enrichment to be committed, it must be proved, to the required standard, by the investigating authority that the declarant owns assets disproportionate to their lawful income. The disproportionality must be quantified and must be of a value greater than zero. A negative figure or zero means that there is no illicit enrichment.

The director of investigation at the IC, Kevon Stephenson, recommended that his investigation report be referred to the director of corruption prosecution, Keisha Prince-Kameka, for consideration as to whether the offence of making a false statement in a statutory declaration and/or any other offence(s) have been committed.

In her ruling, Prince-Kameka said there was insufficient evidence on file to establish that the prime minister, by way of omission, made a false statement in his statutory declaration for the period ending December 31, 2021, as it relates to four BNS savings accounts. In this regard, she said no charges are to be laid.

However, Stephenson said in his report that he was unable to arrive at a conclusion regarding illicit enrichment in respect of the prime minister as he did not have access to Holness’ personal expenses over the relevant period, “and due to unresolved questions concerning the operations of companies with which Mr Holness is connected”.

“The DI (director of investigation) reiterates his inability to proceed with illicit enrichment calculations in respect of Mr Holness’ assets, liabilities and income given, the unresolved questions around connected companies and the absence of a schedule of his personal expenses over the period,” Stephenson said.

He disclosed that Holness was asked to provide this information by May 31, 2024.

The prime minister, in a written submission dated July 16, 2024, said: “On the advice of my attorneys-at-law, I have complied with section 39(1) of the Integrity Commission Act by submitting the required information in the form at Third Schedule Part A. This was done when I filed my 2021, previous and subsequent declarations.”

According to Holness, subject to “the objections sent by my attorneys-at-law for your attention, I have responded to the questions that have been asked pursuant to the investigation commenced on the 26th April 2023. I adopt and incorporate herein all of the objections including that at the commencement of the investigations pursuant to section 14(5), no allegation of corruption was put to me. In addition, I was not told nor was it established that my assets are disproportionate to my lawful earnings”.

Further, Holness said: “In response to the inquiry as to the reason the matter was referred to investigation, I was told that some new matters had arisen. However, I was never told what those new matters are.”

However, the director of investigation highlighted correspondence from the IC to Holness dated August, 2023, which was served on him during the course of investigation.

It stated: “TAKE NOTICE that the Integrity Commission is investigating the Statutory Declaration submitted by you for the year 2021, to determine, inter alia, whether there are reasonable grounds to suspect that you have contravened Section 14(5) of the Corruption Prevention Act, Section 43(2) of the Integrity Commission Act or any other enactment, and whether recommendations ought to be made (hereafter referred to as “the investigation”).

In its correspondence to Holness, the IC said that “the proceeds of its investigations, so far, have determined that you own assets disproportionate to your lawful earnings, insofar as have been declared by you”.

Holness was invited to attend on the IC offices on Thursday, August 31, 2023 to be interviewed, for the purpose of providing an explanation to the Stephenson, and/or his designate, for the purpose of answering questions concerning the investigation.

The director of investigation notes that on meeting with Holness and his legal team, the prime minister opted to make written submissions instead of being interviewed. The written submissions were made on at least four separate occasions, the last of which was July 16, 2024.

edmond.campbell@gleanerjm.com