Mikael Phillips referred for prosecution by Integrity Commission

The Integrity Commission (IC) has recommended that Member of Parliament (MP) for Manchester North Western, Mikael Phillips, be charged with breaching the Integrity Commission Act (ICA), for failing to submit his statutory declaration within the period stipulated by law.

It was revealed in a IC report which was tabled in the House of Representatives on Tuesday afternoon.

Specifically, the Opposition MP is to be charged with 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 ICA.

He faces a fine of up to $500,000 and or six months imprisonment if found guilty in a parish court. The court may also make an order mandating him to comply with the requirement in respect of which the offence was committed.

The IC’s Director of Corruption Prosecution, Keisha Prince-Kameka, who recommended that Phillips be charged, noted that he was in breach of the relevant legislation. Additionally, Phillips failed to pay the fixed penalty of $250,000 that is imposed by section 43(3) which constitutes an offence under section 43(l)(a) of the ICA, despite subsequently filing the outstanding statutory declaration.

No charges would have been recommended if Phillips had paid the fixed penalty.

Of note is that despite the non-filing or late filing of the statutory declaration, the director of information and complaints, with the approval of the director of corruption prosecution, has the discretion to offer declarants the opportunity to discharge criminal liability of any offence committed contrary to sections 43(l)(a) or 43(l)(b) of the ICA.

Phillips was served notice on May 30, 2023, granting him the opportunity to discharge any liability to conviction by payment of the $250,000 fixed penalty, and by submitting the outstanding statutory declaration before the expiration of 21 days following the date of service of the notice.

However, at the expiration of the notice period, documents received from Tax Administration Jamaica showed that up until June 26, 2023, Phillips had not made the payment.

“Subsequent checks made by the Information and Complaints Division revealed that on May 31, 2023, Mr Phillips submitted the statutory declaration due on March 31, 2023, which was within the period stipulated by the notice. Having failed, however, to make payment of the fixed penalty, liability for the noted offence cannot be treated as having been successfully discharged,” Prince-Kameka said in her ruling.

She said that “based on the foregoing, there is prima facie evidence that Mr Mikael Phillips is in breach of the requirements under sections 39 and 41 of the Integrity Commission Act. 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, Mr Mikael Phillips is, therefore, liable for prosecution…,” Prince-Kameka added.

In a statement last Friday, Phillips acknowledged that his 2022 declarations were filed late but he dismissed claims that he was under investigation for illicit enrichment.

He said that “as a public servant, I take my responsibilities seriously and while the statutory declaration was delayed it is not connected with illicit enrichment. All my statutory declarations have been certified and the late-filing penalty of $250,000 has been paid”.