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FM
Former Member

PPP to file criminal charges against Mps who failed to declare assets

Jun 22, 2017 News, http://www.kaieteurnewsonline....d-to-declare-assets/

The Opposition has signaled its intent to bring private criminal charges against delinquent parliamentarians of the People’s National Congress Reform (PNC/R) and the Coalition Government partner, A Partnership For National Unity (APNU), who have failed to submit statements of their assets and income.

A statement from the Office of the Opposition, yesterday stated that Opposition Parliamentarian, Juan Edghill, acting in his capacity as a private citizen, has requested information, as allowed under provisions of the Access to Information Act of 2011.

“The intentions expressed by Opposition Leader, Dr. Bharrat Jagdeo, to advance private criminal action against People’s National Congress Reform (PNC/R) and A Partnership for National Unity (APNU) Parliamentarians who breached the provisions of the Integrity Commission Act, is being acted on,” the statement explained.

PNC/R is a critical component of the APNU which together with the Alliance For Change has formed the Coalition Government.

“Information has been sought from the Permanent Secretary of the Ministry of the Presidency, Ms. Abeena Moore, via a letter, dated June 21, 2017, about the delinquent PNC/R and APNU Parliamentarians.”

According to the released letter to Moore, Edghill requested the names of the PNC/R parliamentarians of the 8th and 9th Parliament who failed to submit to the Integrity Commission of Guyana the statutorily required submissions.

These include Schedule III declaration forms disclosing their income, assets and liabilities of parliamentarians and immediate family for the years 2001-2006 and 2006-2011.

Edghill is also seeking the names of the APNU parliamentarians in the 10th Parliament, under former President Donald Ramotar who failed to make their submissions too.

“The above requested information is intended to be used in the pursuit of private criminal charges against identified delinquents in accordance with section 22 of Integrity Commission Acts 1997.”

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CHAPTER 19:12
INTEGRITY COMMISSION ACT

Guyana

Source -- http://www.oas.org/juridico/sp...tegrity_comm_act.pdf

EXCERPT

22 Offences and penalties.
23. Prosecutions.
22.
Any person who—
(a) (i) fails, without reasonable cause, to file with the
Commission or the President, as the case may be, a
declaration which he is required to file in accordance with the
provisions of this Act; or
(ii)
knowingly files with the Commission or the President
a declaration that is not complete or is false in any material
particular; or
(b) fails, without reasonable cause, to comply with a
request made under section 18 or 21 (2) by the Commission,
the President or a tribunal, within the time specified therefor
by the Commission, the President or the tribunal, as the case
may be, or gives incomplete or false information pursuant to
the request; or
(c) fails, without reasonable cause, to attend an inquiry
being conducted under section 21, pursuant to a request under
section 21 (2), or to furnish any information the tribunal may
request the declarant to furnish under that section or
knowingly gives any false or incomplete information in such
inquiry,
shall be liable, on summary conviction, to a fine of twenty-five thousand
dollars and to imprisonment for a term of not less than six months nor
more than one year, and where the offence involves the non-disclosure,
by the declarant, of property, which should have been disclosed in the
declaration, the magistrate convicting the person shall order the person
to make full disclosure of the property within a given time and on failure
to comply with the order of the magistrate within the given time, the said
offence shall be deemed to be a continuing offence and the person shall
be liable to a further fine of ten thousand dollars for each day on which
the offence continues.
23.
No prosecution for an offence under section 22, shall be
instituted—
(a) without the written consent of the Director of Public
Prosecutions; or
(b) after five years from the date when the person in
respect of whose declaration the alleged offence was
committed, ceased to be a person in public life.
FM

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