To The Editor,
Swiftly following his disturbing “backdoor penetration” disclosure, Dr Rowley produces another humdinger—his hush-hush meeting with Integrity Commission Chairman, Ken Gordon, to learn whether the IC was investigating emailgate. The powwow was at Mr Gordon’s teepee under cover of darkness. From what’s published, it seems the IC Chairman has broken the law and needs to be dismissed.
Section 35 of The Integrity in Public Life Act states:
35. (1) The records of the Commission and any information revealed by a witness or by the production of documents, shall not be disclosed other than to such extent as may be necessary for the purpose of proceedings in any Court relating to a charge under this Act, the Prevention of Corruption Act or any other written law.
Put another way, every IC Commissioner, employee or agent has a duty not to disclose any information about such matters to anyone…except when compelled by a Court of Law.
A straightforward implication of that is, without a Court Order, nobody could go to the IC and ask or find out if the IC is investigating anyone.
It is a serious issue. Section 35 of the Act frowns very severely on it:
35. (2) Any member of the Commission and any person in the service of the Commission who discloses or attempts to disclose to any person other than a person to whom he is authorised under the Act, any information or evidence received by the Commission under this Part, shall be guilty of an offence and liable on summary conviction to a fine of two hundred and fifty thousand dollars and to imprisonment for five years.
Having deliberately sent the emailgate document to the President instead of the Integrity Commission, the only way Dr Rowley could legitimately find out whether the IC had gotten the document was through the frontdoor—via a Court Order.
When Rowley popped the question, the IC Chairman should have escorted him to the front gate with a terse, “No comment!”
Gordon didn’t, so he has exposed his own backdoor to licks.
Section 8. (2) of the Integrity Act says:
(2) The President may terminate the appointment of a member of the Commission where the member—
(d) is guilty of misconduct in relation to his duties;
(e) misbehaves in office;
(f) fails to carry out any of the duties or functions conferred on him under this Act;
President Carmona did announce himself to be a man who knows his powers.
Ken Gordon, having misconducted, misbehaved or failed in his duties, must be arrested and powered out of the IC immediately.