Mikael Phillips referred for prosecution by Integrity Commission

Member of Parliament for Manchester North Western, the People’s National Party’s Mikael Phillips, has been referred for criminal prosecution by the Integrity Commission (IC) for failing to file his 2022 statutory declaration on time.

Phillips also failed to pay a fixed penalty of $250,000 with Tax Administration Jamaica (TAJ), which would have resulted in him avoiding prosecution.

The IC’s investigation report into Phillips was tabled in the House of Representatives Tuesday afternoon and contradicts statements made by Phillips on Friday that he had paid the fixed penalty and the matter was settled.

The IC’s Director of Corruption Prosecution, Keisha Prince-Kameka has recommended that Phillips be charged with the offence of failure, without reasonable cause, to submit his statutory declaration for the period ending December 31, 2022, contrary to section 43(l)(a) of the ICA.

If convicted in a parish court, Phillips faces a fine of up to $500,000 and or six months imprisonment. Additionally, the court may also make an order mandating him to comply with the requirement in respect of which the offence was committed.

Prince-Kameka highlighted that the Opposition MP was in breach of the relevant legislation. The charges were only recommended after Phillips failed to pay the fixed penalty, despite subsequently filing the outstanding statutory declaration.

Prince-Kameka noted in her ruling that despite the non-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.

The director of corruption prosecution 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 explained.

Although the IC’s investigation report on Phillips was not tabled in the parliament until Tuesday afternoon, last Friday, Phillips moved to clear the air, dismissing reports that he was being investigated for illicit enrichment.

In a statement, Phillips acknowledged that his 2022 declaration was filed late. He also 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”.