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THE Integrity Commission has asked for more time to respond to a second call by UNC activist Ravi Balgobin Maharaj to reopen its investigation into the Prime Minister’s declaration of the purchase of a townhouse in Tobago.
On Thursday, the commission’s acting registrar wrote to Maharaj’s attorney, Vishaal Siewsaran, asking for an additional 14 days to provide a response. The commission initially committed to a response by September 1, but said it needed until September 14, after further assessing Siewsaran’s preaction letter dated August 17.
“This request is made in order to facilitate a thorough review of the pre-action protocol letter and adequately address the issues detailed therein.”
In that letter, Siewsaran, on behalf of Maharaj, demanded the commission reopen its investigation to consider the valuation of the townhouse.
Maharaj took issue with the value Dr Rowley ascribed to the townhouse in his declaration of income and assets under the Integrity in Public Life Act (IPLA).
Siewsaran, of Freedom Law Chambers, headed by former attorney general Anand Ramlogan, SC, argued that the commission’s original 18-month investigation was done in a “piecemeal manner,” and was “skewed, biased, and incomplete.”
Maharaj first challenged the commission’s decision to terminate its investigation on August 3.
In its response, the commission defended its decision the decision to terminate the investigation
It also rejected that its actions reeked of political bias.
Although it did find that Dr Rowley did breach the act by not declaring the Shirvan property on Form B,it terminated its investigation because there was no criminal offence and accompanying sanction within the statutory boundaries of the IPLA regarding his omission.
The Integrity Commission also said the IPLA requires a false declaration to be “knowingly made.”
It said from the evidence obtained, it believed Dr Rowley “did not knowingly provide false information in his declaration.”
The commission also acknowledged that the Prime Minister received a “gift” in the form of a discount on the price of the townhouse, which was valued at $1,680,000 but that the discount was not connected directly or indirectly with the performance of his duties as PM.
The commission noted that the discount the Prime Minister received on the purchase was $480,000.
However, in the second pre-action letter, Siewsaran said when Dr Rowley and his wife signed the deed for the purchase price of $1.2 million, he said, they would have been expected to pay stamp duty on that figure, and the attorney who acted for them would have had to present a valuation report to pay the stamp duty.
“It is clear that the BIR became suspicious of this transaction and hence commissioned an independent valuation from the Valuations Division,” which, he said, valued the townhouse at $1.68 million, not $1.2 million.
That would mean, he said, that Dr Rowley knew the true value of his property “but knowingly failed to disclose the same in his Form A and hence a strong prima facie case was made out that a criminal offence had been committed under the IPLA, and the matter must be referred to the Director of Public Prosecutions for immediate action.
Siewsaran said the commission found a way to “exculpate” the Prime Minister when he declared its value at $1.2 million. “We believe this is fair and just and in the public interest in light of the irrational and unreasonable conclusion in this investigation.”
The attorney who registered the deed for the Prime Minister’s Tobago townhouse also responded to questions from Newsday.
Attorney Colvin Blaize was asked if the stamp duty paid was based on the value of the townhouse stated by the Valuations Division of $1.6 million or the purchase price of $1.2 million.
He said, ”The rule is that stamp duty is paid on the value of the property or what is paid for it, whichever is higher.”
Asked if he informed Dr Rowley of any change in the quantum of stamp duties to be paid for the property, he said, “That would be the advice any attorney would give to his client.
“And that is the normal manner that transactions such as this are dealt with.”
On the actual amount paid in stamp duties on the Inez Gate property, Blaize said, “ It would be on the registered copy of the deed which is available to the public.”
Newsday obtained a stamped copy of the registered deed which showed Mrs Sharon Clark-Rowley, as lessee, paid $33,500 in stamp duties on the Inez Gate townhouse on August 16, 2019. The property on the deed was valued at $1,680,000 and was purchased from Inex Investments Ltd.
In the letter to the commission, Siewsaran asked if the commission investigated the declaration of the value of the townhouse for the years 2020-2023 and if Dr Rowley consistently declared its worth at $1.2 million.
“The commission must explain how it arrived at the conclusion that four years could have passed without him knowing that the townhouse was worth $1.68 million.
“Surely, he would have received and paid the invoice from his attorney at some time or seen the certified deed with the relevant stamp duty on it.
“We, therefore, demand a fresh investigation into this issue to determine whether Dr Rowley knowingly declared a false value in the subsequent years as well.”
Siewsaran also asked whether the commission interviewed and obtained evidence from the attorney.
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