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Illicit 6 mischief?
A sitting of the House of Representatives in Gordon House. (Photo: Observer File)
Front Page, News
July 10, 2024

Illicit 6 mischief?

Integrity Commission reveals two parliamentarians under probe, says it has no control over speculation

There is no mention of six parliamentarians who the Integrity Commission (IC) had said were under investigation for illicit enrichment in its latest report tabled in Parliament on Tuesday.

Instead, the IC, in its 2023/24 annual report, said two parliamentarians and four public officials were investigated for illicit enrichment during the past year.

The report did not name the two parliamentarians, nor did it say whether they were part of the so-called “illicit six” who were mentioned in its 2022/23 annual report which, for the past year, was used by the Opposition as political fodder against the Government.

At the same time, with mounting speculation as to who the illicit six were, the commission’s chairman, retired Justice Seymour Panton, appeared to blame “mischief-making” for the brouhaha.

In his remarks on illicit enrichment in the 2023/24 report, Panton said:

“The [Integrity Commission] Act provides that any person may orally or in writing make a complaint, give information, or notify the Integrity Commission about a matter which involves or may involve an act of corruption or non-compliance with the Act.

“When a person approaches the commission in this way, the director of information and complaints is compelled to record the complaint or information and submit it to the appropriate director of the commission for action.

“The Act also provides that the annual report must contain a general description of the matters that were referred to the commission and a general description of the matters being investigated by the commission. The commission has no control over the complaints and allegations it receives. It must, however, investigate them and make a note of the fact of the receipt and the investigation in the annual report. That is what the legislation passed by Parliament requires.

“The police receive numerous complaints and allegations of various crimes that, when investigated, are found to be without merit. So does the Integrity Commission, which has no control over speculations, rumours or mischief-making in the society.”

Jamaicans had anticipated that the IC would have named the six parliamentarians in its latest report. The country had been on tenterhooks for just over a year after the IC made brief mention of the so-called illicit six, along with 28 public servants, in its 2022/23 annual report that was tabled in the House in June last year.

During that time, both Prime Minister Andrew Holness and Opposition Leader Mark Golding had stated that they were not aware of any member of their respective parties, either in the House or Senate, being among the six.

However, Golding went further, indicating that each People’s National Party (PNP) member in the House and Senate had indicated to the party that they had not been contacted by the IC in relation to an illicit enrichment probe. The PNP has 14 of the 63 Members of Parliament and eight of the 21 senators.

“The party leadership has contacted all current members individually, and is satisfied that none on our side has received communication from the Integrity Commission indicating that they are subjects of investigation for unjust enrichment,” the PNP said in a statement last August.

Golding went on to accuse the prime minister of keeping the country in the dark on the identities of the illicit six.

“The prime minister must not hide the truth from the people. Who are the six? The country needs to know. Don’t hide it, tell it,” said Golding at the time.

Parliamentarians or public officials found guilty of illicit enrichment are in breach of Section 14 (5) (a) of the Corruption Prevention Act. According to the provision, illicit enrichment happens when a public servant owns assets disproportionate to his lawful earnings; and upon being requested by the commission or any person duly authorised to investigate an allegation of corruption against him, to provide an explanation as to how he came by such assets, he fails to do so; or gives an explanation which is not considered to be satisfactory. In such a scenario, an individual shall be liable to prosecution for the offence of illicit enrichment.

In its 2021/22 report the commission had said one parliamentarian and three public officials were under investigation for illicit enrichment, while three parliamentarians and five public officials were under probe for providing false information to the commission.

In the 2020/21 report six parliamentarians were said to be under investigation for illicit enrichment.

None of the individuals under investigation have so far been arrested or charged.

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