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Minister dismisses legal action threat over non-disclosures

By AVA TURNQUEST

Tribune Staff Reporter

aturnquest@tribunemedia.net

A government minister yesterday dismissed threats of legal action over the failure of parliamentarians to file their annual public disclosures as “nonproductive”.

Radio talk show host Ortland Bodie Jr announced his plans to file and serve a Supreme Court writ of summons against noncompliant parliamentarians in a press statement sent to The Tribune yesterday.

Mr Bodie Jr, a disbarred lawyer, said he also plans to file a criminal complaint with the Attorney General and the Commissioner of Police in a bid to trigger enforcement of the law.

Mr Bodie Jr said he would take legal action against any parliamentarian that had not fully disclosed by July 2 - the next sitting of the House of Assembly. He added that he also intends to call for the resignation of the Minister of National Security over the establishment of the National Intelligence Agency without necessary legislative framework.

Minister of State for Legal Affairs Damien Gomez said he did not expect Mr Bodie Jr to get very far with the proceedings, adding that there may be legitimate reasons for tardy submissions.

Mr Gomez said: “He can file. There is nothing to stop him from filing it, but I think it would be struck out. I think this is nonproductive, it doesn’t advance the issue any. In some instances people have legitimate reasons for being late.

“If you are unsure of the value of a company that you have shares in, and you are awaiting an audit report for instance. You have no control normally over the speed at which the auditor does his work, I certainly would not swear an affidavit as to the value of shares where I have no basis for saying that the shares have a particular value.”

To date, 12 of 38 members of Parliament have confirmed to The Tribune that they filed all their annual disclosures. Mr Gomez told The Tribune his disclosures have been filed.

Disclosures must be turned into the Public Disclosures Committee by March each year.

According to the Act, a summary of the declarations shall be published in a gazette and any person who does not comply with the law is liable to a fine not exceeding $10,000 or imprisonment of not more than two years.

On Monday, Attorney General Allyson Maynard-Gibson was tightlipped over whether or not she felt parliamentarians should be prosecuted for noncompliance with the Public Disclosures Act. She also declined to comment on whether she was up to date with her annual disclosures. In his statement, Mr Bodie Jr said: “The Prime Minister and the Leader of the Opposition, along with the erstwhile Attorney General, have failed to abide by their legal obligations. 

Mr Bodie Jr added: “This abject avoidance of clear cut laws must cease and desist in our wonderful nation. If our parliamentarians and agencies of the government are not prepared to observe the laws where are we headed as a nation?”

Comments

ThisIsOurs 10 years, 4 months ago

Minister of State for Legal Affairs Damien Gomez said he did not expect Mr Bodie Jr to get very far with the proceedings, adding that there may be legitimate reasons for tardy submissions.

No, there is no legitimate reason for not having declared two years into office. Any candidate who did not declare prior to May 2012 should have been automatically disqualified from running. We would have no idea whether they were in debt and seeking to raid the public purse if they were elected.

Aren't BISX listed companies audited annually? 2011, 2012, 2013. Three years is sufficient time to get the current value of stock. Too many of these politicians are playing fast and loose with the facts and feel themselves to be above accounting to the people

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