IC: Recommendation to Charge PM for Money in Parents’ Bank Account Rejected

JM $384,000!

That’s the amount of money in the four bank accounts for which the Integrity Commission, IC, flagged Prime Minister Andrew Holness in probing his statutory declarations.

The IC has not certified the PM’s declarations for three years.

Nationwide News understands that the commission’s director of corruption prosecution, Keisha Prince-Kameka, rejected a recommendation by the director of investigations, Kevon Stephenson, for the prime minister to be charged for failing to declare the sums in the personal bank accounts of his parents and a former constituency office manager.

High-level sources close to the commission say Mrs. Prince-Kameka ruled that a viable case could not be mounted.

This, as evidence to support the prime minister’s explanation of omission is greater than a suggestion by the investigators that he might have intentionally failed to declare the sums.

George Davis has our story.

Our sources close to the commission say that on August 30 this year, its director of investigations, Kevon Stephenson, recommended that consideration be given to charging the prime minister for the monies located in four accounts at Scotiabank belonging to his father, mother and former constituency office manager.

Two of the accounts belong to his mother. One belongs to his father and the other to the former constituency office manager.

At the time of the probe by the Integrity Commission, the first account for his mother held a balance of approximately JM $300,000. The second account for his mother had a balance of JM $67,000.

His father’s account had JM $11,000, while his constituency office manager’s account had JM $823.

In total, the four accounts red-flagged by the commission held a balance of $384,130. That’s Jamaican dollars.

The prime minister told the commission he had no personal knowledge of the funds in the four accounts. He told the commission that his name was added to the bank accounts as an emergency contact and he had no direct interaction or knowledge of monies in the accounts.

The director of investigation recommended that Holness be charged, by way of omission, for making a false declaration to the commission.

But a few days later, on September 2 this year, the director of corruption prosecution, Keisha Prince-Kameka said no.

She ruled that the director of investigations had not presented a strong enough case to support his recommendation for the Prime Minister to be charged.

Prince-Kameka says while Holness had a duty to declare the sums, there was not enough evidence to support a criminal charge for intentionally omitting to do so.

Prince-Kameka wrote, “In light of the foregoing, there is insufficient evidence on file to establish that the Honourable Prime Minister by way of omission, made a false statement, in his Statutory Declaration, for the period ending December 31, 2021 as it relates to the BNS Savings Accounts. Accordingly, no charges are to be laid.”

Our sources say the director of corruption prosecution supported her finding with case law.

Prince-Kameka said the prime minister’s explanation for the omission appeared greater than any suggestion he intentionally did not include monies in his parents and office manager’s bank accounts in his 2021 statutory declaration.

Prince-Kameka reportedly wrote – “in accordance with the principles outlined in Regina v Jones and Whicker, therefore the Prosecution would again be challenged to establish that the omission was intentional, as required for the knowingly element of the offence, in the face of even greater support for the explanation which has been provided”.

Prince-Kameka wrote that additionally, no evidence had been presented to contradict the prime minister’s explanation in his response to the commission or to suggest use of the account beyond the stated purpose.

Our sources say the Integrity Commission’s director of investigation had also raised concern with the prime minister’s purchase of shares from a financial institution.

However, no adverse recommendation or referral was made concerning that purchase which the prime minister insists was above board.

Nationwide sources say the Integrity Commission revealed in its report that prior to its recommendation concerning monies in the four accounts in question, it had hired an international forensic investigator to review the prime minister’s financial affairs.

We are told that the foreign-based investigator worked on those matters for about six months.

It’s understood that the forensic investigator reported to the commission that he had found nothing untoward or illegal in the prime minister’s financial affairs.

The prime minister’s 2021 declarations have so far not been certified by the commission.

It’s believed that the commission’s probe into the four bank accounts; two belonging to his father, one by his mother and the other by his former constituency office manager, stood in the way of the certification.

Meanwhile, the Integrity Commission has tabled a six-page witness statement to accompany the investigative report it sent to Parliament last Thursday.

Nationwide News understands the witness statement is in relation to a recommendation made regarding the Prime Minister’s declarations to the Commission.

The Integrity Commission says the witness statement is not meant to alter the findings, conclusions or recommendations made in the original investigative report.

The witness statement, which has been tabled as an addendum to the report, has been copied to the House Speaker, Juliet Holness, Senate President, Tom Tavares Finson and Clerk to the Houses of Parliament, Colleen Lowe.

Deputy Speaker of the House, Heroy Clarke, is also copied on the new submission.

Ricardo Brooks contributed to this report.