Integrity Commission:

JUDGES and magistrates must file Declarations of Income and Assets with the Integrity Commission in accordance with the Integrity in Public Life Act 2005.

This is contrary to a letter from the Commission sent to the Chief Justice in 2005 which stated that after receiving legal advice, the Commission decided to exempt judges and magistrates from filing returns.

Members of Boards of State Enterprises in which the State has a controlling interest, must also file declarations. That would include such entities as BWIA, TSTT, and the National Flour Mills.

In an advertisement in a daily newspaper yesterday, the Commission listed judges and magistrates among the list of persons who must file their declarations of income, assets and liabilities, and Statements of Registrable Interests for 2005 by May 31 this year.

The Commission, in the advertisement, reminded persons in public life that they have an obligation to file declarations for the year ended December 31, 2005 by May 31.

The Commission listed the category of persons who should file declarations — Members of the House of Representatives, Ministers of Government, Parliamentary Secretaries, Members of the Tobago House of Assembly, Members of Municipalities, Members of Local Government authorities, Senators, Judges and Magistrates appointed by the Judicial and Legal Service Commission, Members of the Boards of all Statutory Bodies and State Enterprises, including those bodies in which the State has a controlling interest, Permanent Secretaries and Chief Technical Officers.

In June 2005, the Integrity Commission filed a construction summons asking the Port-of-Spain High Court to determine, among other things, whether members of the Boards of State Enterprises in which the State has a controlling interest, are required to file declarations. A number of board members had written to the Integrity Commission claiming they were not required to file declarations because they did not represent the State on certain boards.

It was during the court hearing, that Madame Justice Judith Jones revealed that the Commission had written to the Chief Justice pointing out that judges and magistrates were no longer required to file declarations.

The Commission took the decision after receiving legal advice.

The case is still pending before Jones. But the Commission has now gone ahead and decided once again that judges and magistrates must declare their income and assets by May 31.

The Commission has several outstanding queries before it. Since its establishment, the Commission has prosecuted only two persons for failing to declare assets.

In one instance, former prime minister Basdeo Panday was charged with knowingly failing to declare his London bank account to the Commission for the years 1997, 1998, and 1999.

On April 24, Chief Magistrate Sherman Mc Nicolls found Panday guilty, fined him $20,000 and sentenced him to two years in prison. Panday was also ordered to pay $1.6 million to the State. After spending four nights at the Maximum Security Prison, Panday was released on $300,000 bail pending his appeal.

In the second instance, former UNC Energy Minister Finbar Gangar was charged with failing to declare two bank accounts to the Commission. That case comes up today before Magistrate Ejenny Espinet in the Port-of-Spain First Magistrates’ Court.