Dear Attorney General Merchant,
RE: PRIVATE PROPERTY LEASED By The PRIME MINISTER Of The FEDERATION Of St. KITTS and NEVIS To The REPUBLIC Of CHINA (ROC)
In a March 18, 2008 Press Release, Prime Minister, Dr. the Hon. Denzil L. Douglas admitted to holding private interest in the residential property leased by the Republic of China (ROC).
As a result, a group of concerned students in the Federation have mobilized in order to draw your urgent attention to the Organised Crime (Prevention and Control) Act,2002. Part II Section 4, states:
A person engages in corruption where
(a) the person directly or indirectly promises, offers or gives to a public officer a benefit;
(b) the person, being a public officer, solicits or accepts whether directly or indirectly a benefit for himself or another;
in order to act or refrain from acting in his official capacity.
In accordance with Part III Section 9, Offences and Penalties:
(1) A person who engages in corruption commits an offence.
(2) A person who is found guilty of an offence under subsection (1) is liable:
(a) on summary conviction, to a fine of 150,000.00 or imprisonment for 5 years or both;and
(b) on conviction on indictment, to a fine of $1,500,000.00 or imprisonment for 15 years or both.
Mr. Attorney General Merchant, as you are aware, The Federation of St. Kitts and Nevis ratified the Inter-American Convention against Corruption, August 4,2004. Article VI of the Convention outlines:
"Any act or omission in the discharge of his duties by a government official or a person who performs public functions for the purpose of illicitly obtaining benefits for himself or for a third party."
Mr. Attorney General Merchant, since Prime Minister Douglas' admission to holding private interest in the residential property involves emissaries from a foreign government, the Republic of Chine (ROC), SKN Students Engaged draws your immediate attention to Article VIII of the Convention, Transnational Bribery:
"Subject to its Constitution and the fundamental principles of its legal system, each State Party shall prohibit and punish the offering or granting, directly or indirectly, by its nations...to a government official of another State, of any article of monetary value, or other benefit, such as a gift, favor, promise or advantage, in connection with any economic or commercial transaction in exchange for any act or omission in the performance of that official's public functions. "
"Any State Party that has not established transnational bribery as an offense, shall, insofar as its laws permit, provide assistance and cooperation with respect to this offense as provided in this Convention. "
Mr. Attorney General Merchant, we the future leaders of the Federation, will not be SILENT to the Prime Minister holding private interest in the residential property leased by the Republic of China (ROC). In accordance with the responsibilities of the Office of the Minister of Justice and Legal Affairs, we expect due diligence pursuant to the domestic provisions on corruption listed above in the Organised Crime (Prevention and Control) Act, 2002, in addition to the Federation's obligations under the 1996 Inter-American Convention against Corruption.
By this concern, we vociferate,
SKN Students Engaged
4 comments:
Crime is rampant at CFB college. Myself and other female students have been concerned for safety at the school over the past year. I think it is important that we all realize that nothing will be done about crime here at CFB if a public official like our own Prime Minister is caught red handed. Something needs to be done and we students must now continue speaking out. How can we be safe at school when we are not safe from our public officials in office ? I agree that Merchant must act on the matter since criminals should not be able to follow the example of the Prime Minister !
Now we will see how deep corruption runs. Mr Merchant will have to bring charges or offer his resignation to get out of the way of justice !
Did anyone else hear Minister Astaphan talk about why the legislation on public integrity has been delayed since 1996 ? I heard him on Tuesday’s news saying that there has been opposition as people are uncomfortable. He claims that this uncomfort would stop people from applying for the public positions. What a joke ! This legislation would have stopped the Prime Minister from getting richer on the Taiwan government. It would maintain public trust. At the very minimum Mr Astaphan and the rest might have to reconsider their reasons for running for office, but the legislation would encourage all those applying for public positions to now uphold them with our confidence
Well I was a student when their party members rioted in St Kitts. I remember the national curfew and the state of emergency declared. I don’t know what we could have done then but we students did nothing. Mr. Merchant is responsible to uphold public trust and must act even when it is the Prime Minister. More than anything I am glad that students are now outspoken. I for one will not miss the opportunity again to do my part. The Prime Minister will have to answer to the law on corruption.
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