UNC wins case against Integrity Commission

PRESIDENT George Maxwell Richards should ensure that responsibility for the Integrity Commission becomes part of the portfolio of a minister of Government, said Justice Peter Jamadar yesterday. Jamadar ruled in favour of the Opposition, United National Congress (UNC) in a lawsuit filed against the commission by Fyzabad MP Chandresh Sharma, for failing to disclose a list of Government ministers who have not filed declaration of income and assets. The judge ordered that the Commission entertain Sharma’s application during the next 21 days. Jamadar held that the commission acted illegally by not allowing Sharma access to the information.

In a written judgment, the judge expressed regret that for the purpose of the public being aware of ministers’ and public officials’ income and liabilities, there was no ministerial responsibility for the commission. “There was/is a duty on the President to consider and declare a minister responsible for the commission for the purpose of the Freedom of Information Act. This has not been done,” Jamadar stated. On the UNC’s behalf, Sharma filed the lawsuit when the commission informed him (Sharma) on October 13, 2004, that his request to know if ministers and public officials had filed declarations was secret and confidential.

The Fyzabad MP, having requested the information under the Freedom of Information Act (FOIA), contended that by its refusal to divulge the information, the commission was protecting officials of the ruling People’s National Movement. The commission challenged the lawsuit and, yesterday, in an 18-page judgment, Jamadar ruled that the commission was wrong to refuse Sharma’s access to the information because the public has a right to know. Jamadar stated, “True independence is facilitated by accountability and not undermined by it.” In challenging the lawsuit, attorneys for the commission Russel Martineau SC, instructed by Deborah Peake, contended that the commission was not a public authority to which the Freedom of Information Act applied in order to facilitate members of the public’s right to access information. Queens Counsel Dr Fenton Ramsahoye and Anand Ramlogan argued Sharma’s case.