CAMPAIGN FINANCE LAWSUIT

The donation by “corporate Jamaica” towards Foreign Affairs Minister Kamina Johnson Smith’s failed 2022 bid for the post of Commonwealth secretary general is now the subject of a lawsuit filed in the Supreme Court.

Businessman Keith Duncan and local conglomerates GraceKennedy and the Musson Group contributed to the payment of US$99,000 or J$15 million for public relations services for Johnson Smith’s campaign, de facto Information Minister Robert Morgan disclosed last September.

Other persons or companies that made donations did not consent for their names to be made public, Morgan said in Parliament.

The lawsuit, which was filed by lawyers for Jamaica-born retired United States (US) law-enforcement agent Wilfred Rattigan, seeks a declaration that both Johnson Smith and her ministry did not comply with the law and a directive by the Ministry of Finance that require them to report the donation as a gift.

It also asks the court to declare that the finance ministry, listed as the third defendant, has “failed to take appropriate action to compel” Johnson and her ministry to “comply with the applicable statutory and administrative regulations”, according to the claim, a copy of which was obtained by The Gleaner.

Further, Rattigan wants the court to find that Johnson Smith has failed to disclose the donation to the anti-corruption body, the Integrity Commission, and Tax Administration Jamaica.

“This Government has said time and time again that it is a transparent Government. Well, you have to comply with the law, and if you don’t, you should be held accountable,” he said during an interview on Wednesday.

When contacted last night, Morgan told The Gleaner that the Government was unaware of the lawsuit and, therefore, unable to comment.

The lawsuit was filed on Wednesday after Rattigan waited months for the finance ministry to respond to an access to information (ATI) request for details about the donation, he told The Gleaner.

Rattigan, who is also an attorney, requested, through the ATI Act, the acceptance of gift form that was submitted to the Ministry of Finance, the due-diligence report detailing the source of the “gift”, and evidence that the donation was included in the Estimates of Expenditure.

The lawsuit relies on the provisions of Section 9.3 of the Financial Administration and Audit Act (FAAA) and Circular Number 17 issued by the Ministry of Finance on June 10, 2013.

Among other things, the law stipulates that when gifts are received, an acceptance of gift form must be completed and signed by the responsible officer of the ministry, department, or agency receiving it as well as the accounting officer, head of department, chief executive officer or their designate.

“Please be advised that no documentation exists within the Ministry of Finance and the Public Service to satisfy your request,” the ministry said in a letter dated March 23 this year, responding to the ATI request.

Rattigan argues in the lawsuit that it is “abundantly clear” that the monies paid to US-based firm Finn Partners for Johnson Smith’s public relations campaign was a “gift/donation and is therefore governed by the requirement of the FAAA under Section 9.3”.

Further, he said financial instructions issued under the FAAA “are intended to ensure that financial transactions are properly recorded and reported on a consistent basis and that the appropriate controls are in place”.

Rattigan said Johnson Smith, like all government personnel, has a responsibility to read, interpret, and consistently apply the financial instructions in their daily operations.

“Based on the totality of the circumstances, it is patently clear that the monies paid by private individuals/companies to Finn Partners Inc was for the benefit of the first respondent in her official capacity, and by extension, the Jamaican Government,” the lawsuit said, referring to the foreign minister.

As such, it said that Johnson Smith should have submitted the required filings to the appropriate government ministry.

Rattigan said he plans to formally notify the Integrity Commission and Tax Administration Jamaica about the issue.

livern.barrett@gleanerjm.com