Integrity Commission explains illicit enrichment probe notification process
Parliamentarians and other public officials who are being investigated for illicit enrichment by the Integrity Commission (IC) are only made aware after a preliminary or in-depth investigation has ensued.
The IC’s Director of Investigation Kevon Stephenson made that disclosure in response to Opposition legislator Julian Robinson’s question on the protocol used to inform declarants during Tuesday’s sitting of the IC Oversight Committee in Parliament.
Stephenson explained that it would be “a little bit premature” for him to indicate to the declarant, at the start of the process, that he/she is being investigated for illicit enrichment, because of what section 14 (5) of the Corruption Prevention Act requires.
The section states that where a public servant (a) owns assets disproportionate to his lawful earnings, and (b) 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 (i) fails to do so (ii) gives an explanation which is not considered to be satisfactory, he shall be liable to prosecution for the offence of illicit enrichment.
“So there is preliminary investigation or in-depth investigation. I would also send a letter to the person once I receive the matter to say that this matter has been referred to me. I will not necessarily say that you are being investigated for illicit enrichment for the same reason I mentioned earlier at that early stage, but once there is sufficient evidence that this person owns assets disproportionate to their lawful earnings, that there is some evidence, some indication, a notice is sent to the person,” he said.
In his questioning on the IC’s notification process, Robinson said he would like to satisfy himself that there is clarity and there is no ambiguity in the correspondence from the commission to individuals who are the subject of investigations for illicit enrichment.
He asked that Stephenson share a sample of the text in that correspondence where an official is notified that they are being investigated for illicit enrichment.
Highlighting the first paragraph of the sample letter, Stephenson said:
“Take notice that the Integrity Commission is investigating the statutory declaration submitted by you for the year so and so to determine, among other things, whether there are reasonable grounds to suspect that you have contravened section 14 (5)… of the Corruption Prevention Act, and if there are any other legislation that we are looking at the person under, then we’ll also state that… and whether recommendations ought to be made herein after the investigation.”
Stephenson then pointed to the second paragraph of the notice, which, he said, was also important.
“Take further notice that the commission, from the proceeds of its investigations so far, has determined that you own assets disproportionate to your lawful earnings in so far as have been declared by you. Consequent on the foregoing, you are invited to attend on the commission,” Stephenson said, adding that the notice states the address, date and time of the meeting.
He said that the notice then goes into the areas that will be covered, and provides attachments of things that need to be explained, for example, bank statements, and land titles.
He noted that the notice is dispatched in triplicate and one of the copies would be endorsed by the declarant as having been served on them and that is returned to the commission.
In the IC’s 2022-2023 annual report, six Members of Parliament were referred for illicit enrichment. Another two were referred in its 2023-2024 report. Parliamentarians on both sides of the aisle have denied being investigated for illicit enrichment.