The PNQ of the leader of the Opposition yesterday was on the Independent Commission Against Corruption. He wanted to know :
- for the benefit of the House, obtain information as to the number of convictions secured in relation to corruption offences under the Prevention of Corruption Act for calendar years 2019 to 2022; and
- state whether the contract of Mr N. B. as Director General thereof has been renewed and, if so, indicate (i) for what period and (ii) the salary and other benefits drawn?
Here is the main answer of the Prime Minister:
The main object of the Independent Commission Against Corruption (the ICAC) is not to secure a conviction at all costs. A conviction is the ultimate outcome of a prosecution process.
An elementary principle of the prosecution process is that any decision to prosecute a criminal offence must be grounded in due process and the rule of law. The decision to prosecute is motivated firstly by assessing whether there is enough evidence to justify prosecuting a person for an offence known to the law and secondly whether it is in the public interest to prosecute the person.
It is apposite to note that a prosecution for an offence under the Prevention of Corruption Act cannot, under section 82(1) of that Act, be instituted except by or with the consent of the Director of Public Prosecutions. This is in line with a fundamental tenet of our Constitution whereby the ultimate prerogative to institute criminal prosecutions in this country rests with the Director of Public Prosecutions.
It is therefore not appropriate to attempt to measure the performance of the ICAC over a given period purportedly by the number of convictions it obtained when it does not have the ultimate control over whether a criminal process will invariably result in a conviction.
It follows that it is unreasonable to measure the performance of the ICAC based on convictions when a conviction itself is the outcome of a court process initiated by the Director of Public Prosecutions and any conviction during the reference period of 2019 to 2022 could well have arisen out of a criminal process started before that time.
Moreover, under Section 20 of the Prevention of Corruption Act, the first five functions of the ICAC are as follows :
- Educate the Public against corruption;
- Enlist and foster public support in combating corruption;
- Receive and consider any allegation that a corruption offence has been committed;
- Detect or investigate any act of corruption; and
- Investigate the conduct of any public official which, in its opinion, is connected with or conducive to corruption.
The functions of the ICAC are thus not to secure a conviction at all costs.
Data obtained from the ICAC for the period 2019 to 2022 is as follows:
- 51 persons were convicted of corruption and money laundering cases;
- 177 cases are awaiting trial; and
- 41 cases are awaiting advice from the office of the Director of Public Prosecutions.
For the period 2015 to 2023:
- 5593 cases were investigated;
- 4992 cases were completed;
- In 601 cases, investigations are ongoing;
- 424 persons were arrested;
- 614 cases were sent to the Director of Public Prosecutions;
- 183 cases were lodged;
- 127 cases were successfully prosecuted; and
- 155 persons were convicted.
