TWO WEEKS AGO, part I of the Corruption Act (hereinafter refer to as 'the act') was published in this column. A short review was done, among other things, on the duty of public servants to furnish statutory declarations and the function and powers of the commission. This week, I intend to look at section 14, which deals with the offences.
According to the act
Section 14 of the act provides, that a public servant commits an act of corruption if he:
a. "Solicits or accepts any article or money or other benefit being a gift, favour or promise or advantage for himself or another person for doing any act or omitting to do any act in the performance of his public functions; or
b. Fraudulently uses or conceals any property derived from any act or omission".
Those who offer grants to include articles or money or gift, favour, promise or advantage to any public servant for doing or omitting to do any act may be deemed to have committed an act of corruption.
Penalty
The act also provides a penalty for anyone who 'instigates, aids, abets or is an accessory after the fact or participates in whatever manner".
An act of corruption is also committed when "any citizen or resident of Jamaica or any corporation ... any club, society or other body of one or more persons who offer grants to a person performing a public function in a foreign state provides a gift, favour, promise or advantage with respect to any economic or commercial transaction to perform or omit to perform any act in the performance of that public function.
Public servants must also be mindful of section 14 (5) of the act, which provides that "where there is a significant increase in the assets of a public servant which cannot be reasonably explained having regards to his lawful earnings, the significant increase shall be deemed to be illicit enrichment ..."
A citizen of Jamaica who commits an act of corruption, as outlined in section 14 (9), is liable to be prosecuted and tried as if the acts were committed in Jamaica.
Agents can be prosecuted
Even agents may be prosecuted for corruption under the act as section 14 (10) provides for an agent to be in breach of the act if he corruptly accepts and obtains any gift or consideration as an inducement for doing any act in relation to his principal's affairs or business or among other things knowingly uses with intent to deceive his principal any documents to which the principal is interested, which contain false statements and which to the knowledge of that person is intended to mislead the principal.
Next week I will look at section 15 of the Act, the offences.
Keith N. Bishop is an attorney-at-law and a partner in the firm of Bishop & Fullerton.
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