The members and staff of the Commission for the Prevention of Corruption have noted your observations and comments, as stated in your editorial dated Sunday, May 17.
The commission wishes to correct some inaccuracies which were included in the editorial. The commission, by law, is required to furnish an annual report, including its audited financial statements, to the minister (in this case, the minister of justice.) These requirements the commission has rigidly adhered to and we are now in the process of completing our report for the year 2008.
Resource difficulties
The commission has actively pursued the attainment of its mandate and has encountered the same resource difficulties that have affected several state entities namely:
1. staffing
2. adequate financial resources
3. availability of adequate information
4. protracted delays in agencies responding to information requests
5. abnormally high delinquency rates among public servants required to file statutory declarations
6. gaps in the legislation.
Furnished explanations
In each of the above instances, the commission in its annual report has made recommendations which, in its opinion, would allow it to achieve its mandate. It is important to note that only recently has the matter of staffing - provision of investigators - been addressed, along with the requisite funding of the commission. The other recommendations have not yet been implemented.
It is also useful to indicate that a high standard of evidence will have to be attained prior to cases being recommended for criminal prosecution in the courts; an issue which is not helped by lax civil service procedures, poor or non-existent financial information and documentation.
In some instances, the declarants have furnished satisfactory explanations for the apparent anomalies between their legitimate earnings and assets, and no further action has been taken. The forthcoming annual report will provide details of the examinations.
The commission is always available for any clarification or information which you may require.
I am, etc.,
Justice CHESTER ORR (Retired)
Chairman
Commission for the Prevention of Corruption
45-47 Barbados Avenue
Kingston 5