Title: Integrity Commission Recommends Charges Against MP Mikael Phillips for Breach of Integrity Commission Act
Hatfield, Manchester – Member of Parliament for Manchester North Western, Mikael Phillips, is facing potential legal consequences as the Integrity Commission (IC) has recommended that he be charged for breaching the Integrity Commission Act (ICA). Phillips allegedly failed to submit his statutory declaration within the legally required timeframe for the period ending December 31, 2022.
The IC’s Director of Corruption Prosecution, Keisha Prince-Kameka, said Phillips violated section 43(l)(a) of the ICA by not submitting the declaration on time. This offence carries a penalty of up to $500,000 and/or a six-month imprisonment if he is convicted. The court might also mandate compliance with the statute in question.
Prince-Kameka highlighted that Phillips did not pay the fixed penalty of $250,000, an omission that constitutes another offence under the same section of the ICA, although he later submitted the overdue declaration. The charges could have been averted if Phillips had completed the payment.
Interestingly, despite instances of non-filing or late filing, the IC retains the authority to offer individuals the opportunity to avoid criminal charges by settling their liabilities related to sections 43(l)(a) or 43(l)(b) of the ICA. Phillips was notified on May 30, 2023, that he might bypass prosecution by settling the fixed penalty and submitting the required declaration within 21 days of the notification.
Tax Administration Jamaica’s documents show that as of June 26, 2023, Phillips had not paid the penalty. Although he submitted the statutory declaration on May 31, 2023, within the notice’s deadline, the failure to pay the fine resulted in unresolved liability for the infraction.
Prince-Kameka commented, "Based on the evidence, Mr. Mikael Phillips appears to have breached sections 39 and 41 of the Integrity Commission Act. He was granted the opportunity to discharge criminal liability per section 43(3) of the ICA. By failing to meet these requirements, Phillips remains liable for prosecution."
Addressing the situation, Phillips recognized that his 2022 declarations were submitted late. However, he firmly rejected notions of being probed for illicit enrichment, stating, "As a public servant, I take my responsibilities seriously. While the statutory declaration was delayed, it is not linked to illicit enrichment. All my statutory declarations are certified, and the late-filing penalty of $250,000 has been paid."
The situation brings another layer of scrutiny to public office conduct, echoing the importance of due compliance with regulations meant to uphold transparency and accountability in public service. As the legal proceedings progress, Phillips’ actions and responses will continue to be under watchful public and media scrutiny.