Integrity Commission stands by findings on PM's townhouse declaration

THE Integrity Commission is standing by its initial findings on how the Prime Minister declared his ownership of a townhouse at Inez Gate, Tobago, as required by the Integrity in Public Life Act (IPLA).

On Friday night, the commission sent Newsday an e-mail in reply to several questions sent earlier that day.

The Opposition has called on the commission to reopen its investigation into Dr Rowley's filing, and has asked that the matter also be sent to the police and DPP for investigation. Its concern was that while Rowley had listed the townhouse in form A of his declaration which is confidential to the commission, he should also have listed it on form B, a public statement of registrable interests but had not done so.

The commission last week said the PM had breached the IPLA by not declaring the townhouse on form B but that was not any offence that could be referred to the DPP. Rowley, in return, on Thursday said the commission's proposal in 2018 to amend the IPLA to specify "buildings" to be added onto form B meant they knew it was not now included as a requirement under "land".

Rowley also said he was up to date with his declarations, had worked hard for all he owned, and was now subject of a "political wedge" by the UNC ahead of Monday's local government elections.

UNC Senator Wade Mark at a briefing on Friday said long-standing guidelines on the commission's website clearly stated that buildings were included in "land" on form B and his colleague Barataria/San Juan MP Saddam Hosein said TT laws and court rulings said "land" included buildings.

The commission on Friday reiterated its view that Rowley should have filed the townhouse on form B and said it had thoroughly investigated UNC claims that Rowley had got a $600,000 gift by way of a discount but that this could not be linked to his role as PM.

Newsday asked if the commission had initially erred by saying Rowley had breached the act by not listing the townhouse as "land" on his form B.

The commission said it stood by its decision with respect to the non-inclusion of the townhouse in the form B filed by Rowley for 2019.

"The commission accepts that while form A requires a declarant to disclose 'land and building', form B only speaks of 'land' alone.

"But, land does not cease to fit the description of land because a building has been erected on it."

The commission added that the term “land” has been "defined at common law, for centuries, as including buildings."

It said, "The term has a similar definition in our country’s conveyancing legislation.

"It is therefore unreasonable, in the commission’s opinion, to construe a reference to 'land' in form B as excluding land on which a building has been erected."

Newsday sought a response to the UNC's call for the commission to re-open its probe into this townhouse purchase, given allegations of a $600,000 difference in prices paid by Rowley and other buyers, amid a potential for corruption.

The commission replied, "The difference between the value attributed to the property in the form A declaration and the apparent market value of the property was the focus of the commission’s investigation."

No investigation was done into allegations of a failure to disclose the townhouse in form A, as a simple perusal of the form revealed that simply was not the case, the commission said. "As regards the non-disclosure of the property in form B, that issue also required no investigation as it was obvious from a perusal of the document that the property had not been disclosed in it.

"The commission was of the view that the Integrity in Public Life Act did not create any offence for failing to make the said disclosure in form B."

The commission said every complaint received from members of the public is acknowledged by its investigations unit and subjected to a preliminary assessment to determine whether the commission has jurisdiction deal with it. The email said the commission may only investigate complaints against persons in public life and exercising public functions and only for matters stated by the IPLA.

"The commission was satisfied that it had jurisdiction." The commission said it undertook a careful investigation into whether Rowley had received a gift which was connected to the performance of his duties as Prime Minister, contrary to the IPLA (section 27), and whether he had knowingly made a false declaration of the value of such gift in his form A declaration, contrary to IPLA (section 21(1)).

"On both questions, the commission was not satisfied that the evidence before it allowed it to arrive at that conclusion."

Had the commission taken too long to do its probe (one and a half years) and had it turned out to be half-baked as alleged by the UNC?

"The commission is satisfied that the investigations unit approached the investigation in a thorough manner, as it does with all investigations, so as to ensure that the commission is well briefed when it deliberates on submitted reports."

Newsday asked if the commission has responded to activist Ravi Balgobin-Maharaj's pre-action protocol letter (which urged more investigations into this matter)?

"The commission has been given until on August 17 to respond to the said pre-action protocol letter and intends to do so within that time."