The Integrity Commission has not yet completed its investigations into Port-of-Spain South Member of Parliament Marlene McDonald, who will be sworn in as the new Minister of Public Utilities today.
While McDonald has been cleared on part of the matters brought before the commission, the T&T Guardian was told by a source close to the body that “while a number of allegations have been dealt with, there are other things still being investigated.”
The information comes even as Prime Minister Dr Keith Rowley welcomed McDonald back to his Cabinet yesterday, saying the Integrity Commission had found she was not in breach of the Integrity in Public Life Act in relation to some of the issues under probe.
In March 2006, McDonald was relieved of the post of Minister of Housing after it was reported that the Integrity Commission was investigating two reports brought against her, involving a close friend by the name of Michael Carew.
Those investigations related to the approval of grants to the Calabar Foundation by the Ministry of Community Development and to the issuance of a Housing Development Corporation home.
While the commission is reported to have written to McDonald indicating that there was no evidence that she had breached the Integrity in Public Life Act, the commission, in its correspondence, also indicated that investigations into other allegations contained in the complaint are “still receiving its attention.”
Integrity Commission chairman Zainool Hosein yesterday refused to answer questions on what matters involving McDonald were still under investigation. He said, “If anybody who is in receipt of communication from the commission wants to divulge it, we have no way to prevent that, but I cannot give details of any matter before the commission.”
The commission is bound to silence under sections 20 and 35 of the Integrity in Public Life Act. Both sections speak to the issues of secrecy and confidentiality of information and carries, in the case of section 20, a fine of $250,000 and 10 years imprisonment, while persons in breach of section 35 are liable on summary conviction to a fine of $250,000 and imprisonment for five years.
Speaking on the broad issues of the work of the commission, however, Hosein said they had “inherited a number of issues, we have dealt with a range of matters and we have functioned without much trauma, we are working quietly and efficiently in dealing with quite a number of matters and people can rely on absolute fairness.”
He said when there are delays in “concluding matters, it is because the investigation is not complete and that could be the result of a want of information being sought.”
In conducting its investigations, the T&T Guardian was told, the commission liaises with banks and financial institutions and very often the information required is not available immediately. The process could be further delayed when someone being investigated seeks legal advice, which delays the process.
In a statement to the media earlier yesterday, the commission said “all matters relative to Investigations and Compliance are thoroughly investigated, but statutory strictures on the disclosure of specific matters preclude the commission or anyone there-at from divulging information from its records.”
It said “in assessing and investigating allegations of breaches of the Integrity In Public Life Act (the IPLA) and the Prevention of Corruption Act, the commission remains focussed and committed to carrying out its functions thoroughly, efficiently, fairly and within a reasonable time-frame.”
While the records of the commission and any information revealed by the production of documents cannot be disclosed, the commission urged media practitioners to avoid making “unsupported statements and to consult the commission’s annual report which provides a summary of complaints which have engaged the attention of the commission.”
The commission said it “remains concerned that irresponsible and adverse criticisms by media practitioners are injurious, especially when not supported by factual details.”
The commission said it continues to facilitate dialogue and offer an accessible, courteous, efficient and meaningful guidance to persons in public life as well as to those exercising public functions.
It reminded persons subject to the Integrity In Public Life Act to comply with the provisions, cooperate fully by filing declarations in a timely manner and to provide information promptly when called upon to do so.
The commission’s 29th annual report, laid in Parliament in 2016, lists 41 investigations. At least four of them date back to the pre-2010 period relating to complaints against a former prime minister Patrick Manning, now deceased, alleging breaches of the act in the award of land and the construction of the Church of the Lighthouse. Those investigations, according to the document, are still continuing.
