TWO sitting councillors and a former councillor have found themselves in trouble with the law over their failure to file their statutory declarations with the Integrity Commission (IC), and/or their failure to pay the fixed penalty of $250,000 when ordered to do so.

The three include Rohan Hall, a sitting councillor in the Kingston and St Andrew Municipal Corporation (KSAMC) who the IC said in its investigation report tabled in the Parliament on Tuesday, failed to file his statutory declaration with the commission for the year 2019.

The others are Keisha Lewis in the St Catherine Municipal Corporation (SCMC) who was investigated for her failure to file her statutory declarations for the years 2019, 2020 and 2022; and former councillor Roogae Kirlew, also of the SCMC, who was probed for failing to file his statutory declarations for the years 2019, 2020 and 2022.

In each case, the IC said the accused persons contravened Section 43 of the Integrity Commission Act (ICA). It said its investigation was triggered by a referral from its director of information and complaints.

Under section 39 of the ICA, public officials have a legal obligation to file statutory declarations with the commission, leading to the three councillors charged with “failure to file without reasonable cause”.

During its investigation, the IC’s Director of Investigation (DI) Kevon Stephenson obtained information and witness statements from the responsible officers at the KSAMC and SCMC, Tax Administration Jamaica (TAJ), and the commission’s Information and Complaints Division.

In the case of Hall, the sitting councillor for the Red Hills division in St Andrew West Rural, having won on a Jamaica Labour Party(JLP) ticket, a witness statement obtained from the KSAMC indicated that, at the time he failed to file his statutory declaration, he was employed by the corporation.

The report tabled in Parliament noted that based on Section 43(3) of the ICA, Hall was offered an opportunity to make amends via a “discharge liability” by making a fixed penalty payment in the amount of $250,000, and by submitting the statutory declaration or required information to the director of information and complaints.

A notice to discharge liability was served on Hall on September 12, 2023, and he was given 21 calendar days to pay the fixed penalty to TAJ, and submit the outstanding statutory declaration to the IC.

However, “checks made with the Information and Complaints Division revealed that Hall failed to submit the outstanding statutory declaration for 2019, and failed to pay the fixed penalty of $250,000.

“Based on the foregoing, the DI finds, in all of the circumstances of this case, that a referral to the director of corruption prosecution is justifiable,” the report said.

Regarding Lewis, councillor for the Lauriston Division in St Catherine Eastern, an investigation was launched based on a referral, dated October 10, 2024, from the IC’s director of information and complaints.

“The referral indicated that Miss Keisha Lewis is in breach of the ICA, by virtue of her failure to file her statutory declarations with the commission for the years 2019, 2020 and 2022,” the investigation report outlined.

On July 7, 2023, the director of information and complaints sought the approval of the director of corruption prosecution for Lewis to be given the opportunity to discharge her liability pursuant to section 43(3) of the ICA.

Approval was granted and a notice to discharge liability was served on Lewis on September 14, 2023, where she was given 21 calendar days to pay the fixed penalty to TAJ, and submit the outstanding statutory declarations to the IC.

“Checks made with the Information and Complaints Division revealed that, on October 4, 2023, Miss Lewis submitted the outstanding statutory declarations for 2019, 2020 and 2022; however, she failed to pay the fixed penalty of $250,000 for the respective years,” the report said.

The report noted that Lewis only partially complied and stressed that, “liability cannot, therefore, on this basis be said to have been discharged”.

“Based on the foregoing, the Dl finds in all of the circumstances of this case, that a referral to the director of corruption prosecution is justifiable,” the report added.

On Wednesday Lewis, who was elected on a People’s National Party (PNP) ticket, issued a statement in which she accepted that her statutory declarations were not filed on time but argued, “they were subsequently filed and certified within the time frame provided to me by the IC”.

Regarding the fixed penalty, Lewis said, “I had believed that filing within the time frame specified by the IC’s officer would resolve the matter without adverse action, including the penalty.”

Lewis added that she did not receive any further communication from the IC with regard to the penalty, which contributed to the current situation.

“I am currently in the process of addressing this matter to bring it to a close. As councillor for the Lauriston Division and a representative of the People’s National Party, I continue to uphold the principles of transparency and accountability, and I am committed to always demonstrating these values in my role as an elected representative of the people,” said Lewis in the release.

Meanwhile, former councillor Kirlew, who represented the Mount Industry Division in St Catherine North Eastern, became the subject of a probe following a referral from its Director of Information and Complaints dated October 10, 2024.

Kirlew, a former PNP representative, was also offered the opportunity to make amends via the discharge liability route.

A notice to discharge liability was reportedly served on Kirlew on September 14, 2023, and he was given 21 calendar days to pay the fixed penalty to the TAJ and submit the outstanding statutory declarations to the IC. However, checks revealed that, on October 19, 2023, Kirlew submitted the outstanding statutory declarations for the three years in question; however, he failed to pay the fixed penalty of $250,000 for the respective years.

The IC’s director of investigation deemed Kirlew’s compliance to be partial and stated that liability cannot therefore, on that basis, be said to have been discharged. As such, Kirlew was also referred to the director of corruption prosecution for consideration.

Efforts to reach Hall and Kirlew were unsuccessful following the tabling of the report in Parliament.

Former councillor for the Mount Industry Division in St Catherine North Eastern Roogae Kirlew

Councillor for the Lauriston Division in St Catherine Eastern Keisha Lewis