DR. ANTHONY Kennedy, who specialises in recovering illicit wealth from crooks in the United Kingdom, told members of the Jamaican Parliament on Wednesday, that the Government could use tax legislation to go after criminals here.
It has not been fully recorded precisely how members of the Joint Select Committee on the Proceeds of Crime bill reacted to Dr. Kennedy's advice, but hopefully the information penetrated without the members of the legislature
making spectacles of themselves. For the fact is that the Government has, in the past, had the very same advice, but has lacked the will to act upon.
Indeed, there was that incredulous episode at a Jamaica House briefing of the former Prime Minister, Mr. P.J. Patterson, lamenting how he had attempted, in vain, to get the tax authorities to target drug dealers, extortionists and other
suspected criminals whose lifestyles were beyond their recognised incomes and who failed to pay taxes commensurate with their apparent earnings. The implication from Mr. Patterson was that he would try again.
Since then, there has been no public evidence of aggressive actions with investigations and court hearings. We suspect that not much has changed since Mr. Patterson conceded his difficulty in getting the multi-agency cooperation necessary if any such action is to be effective.
All this, of course, is unfortunate on several levels, not least of which is the seeming ability of the criminal types to operate with almost impunity, unconcerned about sanctions of any kind.
We agree with Dr. Kennedy that the best remedy for crime is criminal enforcement. People accused of crimes, including those believed to have illicitly enriched themselves, should be investigated, prosecuted and, if found guilty, sentenced. We hold, too, that there should be adequate legislation for the
forfeiting of illicitly gained assets.
For that reason, we support a strong, enforceable Proceeds of Crime law and are concerned at the dithering of Parliament that has so slowed its consideration, debate and ultimate passage.
However, even with the best will in the world, it is not always easy to prove a criminal case in a court of law beyond a reasonable doubt.
In that regard, we believe it to be morally right, and in the interest of the society that the State employs the next best, legally available tools to limit that enjoyment of corruptly-gained fruits. Taxation is one such tool, which has been effectively used in other countries. Its use in Jamaica cannot be beyond us.
Indeed, the introduction of unique tax registration numbers several years ago, was in part aimed at providing the
State with the capacity to monitor the taxation activity of individuals to be able to match this up against their big ticket consumption. This is also a tool to be used, without abuse. And there is also the need for good, old-fashioned
investigation if we are to keep ahead of the bad men who would corrupt our society.
THE OPINIONS ON THIS PAGE, EXCEPT FOR THE ABOVE, DO NOT NECESSARILY REFLECT THE VIEWS OF THE GLEANER.
