IC recommends Cabinet Minister, Andrew Wheatley face corrupt charges

Cited for illicit enrichment and making false declarations

Durrant Pate/Contributor

Cabinet Minister, Dr. Andrew Wheatley, is in trouble this evening, as the Integrity Corruption (IC) is recommending that he be slapped with corruption, namely illicit enrichment, contrary to Section 14 (5) of the Corruption Prevention Act (CPA), 2001.

In its 89-page Investigation Report, the IC, Jamaica’s premier anti-corruption agency, also cited Minister Wheatley for making false declarations, contrary to the Integrity Commission Act. 

As such, the IC Director of Corruption Prosecution, Kelly-Ann Murdock (Acting) is recommending that the Minister Without Portfolio in the Office of the Prime Minister responsible for Science, Technology and Special Projects who also faces charges for these offences:

• Knowingly making a false declaration in a Statutory Declaration 
• Knowingly making a false statement in a Statutory Declaration
• Failing without reasonably cause to provide any information as the Director of Information and Complaints may require

Disproportionate assets to lawful earnings 

The IC emphasises that Dr Wheatley was at all material times represented by Counsel and It was found that he was in possession of assets, over the relevant period, disproportionate to his lawful earnings. When required to do so, Dr Wheatley failed to provide an explanation which satisfies section 14(5) of the CPA as to how he came by said assets. 

The investigation also revealed that Dr Wheatley held assets which he failed to include in his statutory declarations in 2013, 2014, 2015 and 2021. The foregoing omissions prima facie constitute offences under section 43(2)(a) of the ICA and section 15(1)(b) of the Parliament Integrity of Members Act (PIMA). It was also found that Dr Wheatley did not fully comply with a request for information made of him by the Director of Information and Complaints (DoIC).

The investigation report, prepared by the IC Director of Investigation (DI), Kevon A. Stephenson found, “ Dr. Wheatley acquired/owns assets disproportionate to his lawful earnings relevant period (2013 to 2022) in the amount of $164 million, and when given the opportunity to provide an explanation as to how he came by said assets, he failed to provide a satisfactory explanation….Dr. Wheatley’s owning assets disproportionate to his lawful earnings contravenes section 14(5) of the  CPA.”

Failure to provide necessary information

According to the report prepared by the IC Director of Investigation (DI), Kevon A. Stephenson, “Dr. Wheatley’s failure to provide information to the DoIC concerning his statutory declarations for the years 2018 and 2019 contravened the relevant provisions of the ICA. 

The DI concludes that “Dr. Wheatley having filed his statutory declarations for the relevant period, failed to include in them, at least five loans held in his name, his investment (by way of a down payment on land at Stilwell) in Prosperity, a company in which he is a Director and shareholder, and full particulars of 20 properties (East Kirkland Heights(Stirling Castle)] solely and/or jointly owned by him at the material time, contrary to the ICA and PIMA.”

The DI concludes that Dr Wheatley’s filing of nil tax returns for the years 2011 and 2012 in respect of Western Medical in circumstances where that entity was engaged in business and, from Dr Wheatley’s evidence, earned up to approximately $26,000,000, and his failure to file personal income tax returns pose tax compliance concerns.

Maths not adding up

The IC has recommended that a copy of the report be sent to the Commissioner General Tax Administration, having regard to the tax compliance concerns around the filing of nil income tax returns on the part of Western Medical. This is for the necessary assessment to be made and, where required, for the appropriate penalties to be imposed.

The report highlighted where Western Medical appeared to be engaged in business activities and earning between approximately $15,000,000 and $26,000,000, and the failure to file personal income tax returns. The IC is emphasising that Dr Wheatly was given a number of opportunities to provide a satisfactory explanation as to how he came by his assets, but he only provided ‘an explanation’ for this disproportionality when requested to do so. 

According to the IC, “the shortfall in his income, he inferred, could be covered by his receipt of the proceeds from the sale of a business, several motor vehicles, and property rental, but no evidence was provided by him to substantiate this in its entirety. The referenced explanation was on this basis deemed to be unsatisfactory as far as fully justifying the disproportionality is concerned.”

It is to be noted that the DI’s calculations were adjusted at various stages of this investigation to reflect new evidence and after receiving and reviewing the responses provided by Dr. Wheatley. Importantly, Dr. Wheatley was advised of the ramifications, should he fail to provide any/any sufficient explanation in respect of the referenced disproportionate assets.