Charges Filed Against Defaulters Under Integrity in Public Life Act

Following the initial press release issued on January 11th, 2024, this press release serves as a follow-up on the enforcement actions taken under the Integrity in Public Life Act, Cap 22.18, as amended. As the Director of Public Prosecutions, I am tasked with upholding the rule of law and ensuring the highest standards of integrity among public officials.

As of today, the deadline for compliance with the mandatory declaration requirements, has passed. It is with regret that we note several public officials have failed to meet this obligation. In accordance with earlier warnings, complaints were filed on January 31st 2023 against public officials who failed to comply. The names of two public officials have been omitted from the list below pending a legal opinion regarding the effect of their resignations on their obligations to file. Another has requested and been granted an extension until the 5th of February on compassionate grounds owing to the death and recent burial of his mother.

All the public officials listed in the table below have failed to meet the filing deadline of 26th January 2024. This list represents a diverse range of positions and organizations, underscoring the universal applicability of the law to all applicable public officials. While I have been made aware that at least one public official has filed since the deadline, that name has still been listed because the deadline of 26th January 2024 was the final deadline. Summonses are presently being prepared by the Court registry and will be served in due course.

I wish to reiterate the importance of these declarations in combating corruption and maintaining public trust. Were I to fail to follow through on my warning of certain prosecution, not only would the credibility of my office be damaged, but it would also set a harmful precedent that laws can be disregarded without consequence.

These charges will carry the full weight of the Integrity in Public Life Act, with potential fines of up to $30,000.00 or imprisonment for up to three years. This should serve as a stark reminder of the seriousness with which the Federal Government viewed non-compliance with this law.

While it was not my desire that any should perish by way of prosecution, the DPP Office is compelled to enforce the law to preserve the integrity of our public institutions. I can report to the public that while as last year, November 2023, compliance was in the region of 14% to 18%, as of today the compliance of public officials has achieved [at the very least] a very commendable 90%. Since the last press release, the Integrity Commission Office has been inundated with calls, emails and walk-ins about the filing process and have assisted those
individuals accordingly. Our Office and, indeed, the Federation are indebted to the Commission in this regard.

The DPP Office remains steadfast in its resolve to prosecute any violations of the Integrity in Public Life Act. The message remains clear: comply with your legal obligations or face the consequences. We take this opportunity to remind Public Officials of the next filing deadline of April 30th 2024. Applicable public officials are strongly urged to make the necessary preparations to ensure that this legal obligation is honoured by the statutory deadline. The Integrity Commission Office remains available to answer any queries in relation to the process. Further information in this regard can be obtained from https://iplskn.com.

The DPP Office extends its commendation to all the other public officers, who while not required to file under the legislation, opted to file out of an abundance of caution.

In the meantime, we await a list of defaulters from the Nevis Integrity Commission in contravention of the applicable Nevis Ordinance coming out of discussions I had with them last December. In the interest of compliance with the Integrity in Public Life Ordinance and to avoid prosecution, Nevis public officials are strongly urged to submit their declarations without delay.

ADDENDUM TO PRESS RELEASE 02/2024

We wish to issue an important clarification and correction to the press release dated February 1^st,  2024, concerning the enforcement actions taken under the Integrity in Public Life Act, Cap 22.18, as amended.

It has come to our attention that an error was made in the listing of individuals who were reported as failing to comply with the mandatory declaration requirements under the Act. Specifically, Oureika Petty was incorrectly identified as holding the position of Deputy Chairperson of NEMA. We have since been informed that Ms. Petty actually serves as the Deputy National Disaster Coordinator, a position not subject to the filing requirements under the Act.

On behalf of the Integrity Commission and the Director of Public Prosecutions’ Office, I extend our sincere and unreserved apologies to Ms. Petty for any embarrassment or inconvenience this error may have caused. We are committed to ensuring such inaccuracies do not happen in the future.

In light of this, I am currently in discussions with the Honourable Attorney General to put in place the necessary mechanisms to prevent a recurrence of this issue. As indicated in the previous press release, there was a need to resolve administrative particulars, especially given the lengthy list. Our office had undertaken multiple efforts to verify the initial list of names, including the relevant Government department which is in possession of the relevant information, and any errors discovered had been rectified promptly. Regrettably, notwithstanding such efforts, the error in relation to Ms. Petty was not discovered.

We have instructed all relevant outlets that received the initial press release to retract it immediately and replace it with this updated version, which includes our unreserved apology to Ms. Petty.

We appreciate the public’s understanding in this matter and reiterate our commitment to transparency, accuracy, and the fair administration of justice.

Adlai Smith

Director of Public Prosecutions

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