Mystical Michael Misick - Corruption in Public Office

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Rawlston Pompey

Wednesday, 12 December 2012 02:30

By Rawlston Pompey

When calypsonian Leston Jacob “...Young Destroyer” spoke to “...Red Ants in the Treasury and horse ‘nyaming’ (eating) it down,” one would have thought that “...termites” would have been more destructive to the structure.

However, he had been speaking to behavior of public officials, smacked of “...Corrupt practices.” Thus, he was suggesting “...illegal spending; ...swindling and siphoning of public funds in ways akin to “...mal-administration” and acts associated with criminality.” Given that which seemed to have forced the former Turks and Caicos Premier the “...Mystical Michael Misick” [D.O.B. Feb. 2, 1966-] to flee from justice, he may have ran an administration likened to that described as a “...Cesspool of Corruption” [Bernard Percival]. The British authorities had revealed pertinent information that may have aroused reasonable suspicions of “...pervasive corrupt Practices,” accusing Misick of “...Mal-administration” that necessitated intervention by Law Enforcement.

TRILOGY OF LEGISLATION
Within the international community, nations where “...Corruption” was said to be rife among public officials, applicable laws had been enacted and referred to as “...Trilogy of Legislation.” Such laws were intended to promote and encourage “...Integrity in public life; ...Transparency and Accountability by public officials charged with public monies and/or State assets.” However, its primary object was “...deterrence to depraved behaviors” by public officials. The simple meaning of Corruption is “...Moral depravity or unethical behavior by public officials.” Similar to the imaginary “...thin line” between “...love and hate,” so too it was between “...Illegal practices” and “...Corrupt practices.” The Sir Georg H. Walter case, spoke to the former, while Michael Misick spoke to the latter.

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ILLEGAL AND CORRUPT PRACTICES
Given Misick’s “...several administrative areas of responsibilities,” and obvious questionable “...Exploits,” such may have suggested to United Kingdom authorities that he may have been engaged in practices rife with“...Corruption.” Accused of “...Corruptly Misappropriating funds,” a practice that necessitated “...Suspension of Self-Government” and resignation. The illegal land transactions appeared to have exposed his integrity, not only to public scrutiny, but also to the mortification of British authorities. Former Premier Sir George H. Walter was no match to the Mystical Michael Misick’s “...sophisticated administrative and criminal exploits.”  Experiencing a close brush with the law, he prevailed by “...legal vindication” for “...Misbehavior in Public Office,(Illegal Practice) for allegedly “...Selling a steel frame to his Government” [1971-1976].  However, there was no evidence that he had “...used Corrupt Influences” (critical element) in the business transactions that was perceived as “...corrupt and/or conflicting.”

UNDERSTANDING CORRUPTION
It has been determined that there was a distinct difference between “...Illegal Practice” and “...Corrupt Practices.” The former was referred to in law as “...Mala Prohibita; i.e. “...Practice prohibited by law.” The latter was referred to as “...Mala-In-Se; “...Practices said to be inherently “...Bad or ...Unethical Behavior; ...Breach of Public Trust.” These were known to have been daily occurrences in “...Governmental Departments; ...Agencies; ...Statutory Bodies and public organizations and institutions.” They affect “...rules, processes, procedures and practices.” In a prosecution for “...Corrupt Practices,” an important element of the crime is that of “...Corrupt Intent.” Such was necessary to “...influence course of conduct, action/inaction or results.” Contenders at the recent ALP Convention have asserted that such “...practices” may have been the “...deciding factor” in the electoral processes and results. Bribery/Corruption were known to be secret crimes, until a party “...reneged; ...bad-played; ...short-paid or failed to deliver.” If that which is alleged against senior administrators of the Antigua and Barbuda Investment Authority (ABIA), such may be bordered on the "...thin line" between "...Illegal Practice and ...Corrupt Practice." In the case of the latter, however, to constitute "...Corruption," an investigative probe must reveal prima facie evidence of a " ...Corrupt Intent."

THE OPPORTUNISTS
Corruption was said to be pervasive among a “...handful of unscrupulous public officials,” who were often accused of corrupting others. While legislation was enacted to address “...corrupt behavior,” it was seen to have done the very opposite to that which was intended. Thus, it can, and has led not only “...Opportunists,” but also “...honest and upright people into compromising their honesty and/or integrity.” Many had been led into the erroneous belief that “...unethical conduct was officially sanctioned” and many had encouraged it. Such assertions were premised on reasonable suspicions that those alleged to have been involved in “...depraved behaviors” were seen to have amassed substantial wealth in short order” [Snake Pit: Dec.8, 2012]. Many were left to perpetrate further corruptible acts with impunity, despite incessant calls for “...official probes, suspensions and/or criminal sanctions.” Citizens across the globe were wary of public officials “...feathering their nests, while they remained in financial miseries and despair.

SYSTEMIC CORRUPTION
.” It has been said that “...Systemic Corruption” in government was extremely dangerous to “...economic viability, sustainability and survivability of the “...nation, people and society. Thus, the gravity of this crime was said to be far greater than other “...white-collar crime,” since those engaged in such illegality “...often sought to enrich themselves by acquiring massive wealth at the expense of both the people and national interest.” Those who had been nabbed were unable to show “...legitimate support” for their wealth. The case of the “...Mystical Michael Misick” and other high-profile public officials was testament of these truths. Such behavior had forced society in saying “...We are troubled on every side, yet not distressed; ...We are perplexed, but not in despair” [11Corinthians: 4:8], many people were wallowing in “...abject poverty and financial hardship,” due partly to “...Systemic Corruption” through the “...corruptible exploits of a depraved few.”

ELECTED TO OFFICE
Frequently, ambition, power, greed and gratification have brought demise on those of superior intellect, faster than those of inferior intellect. Expediently, conveniently and/or administratively positioned, many public officials had been known to have wielded “...Influences that corrupted government, departments, agencies, or bodies. Some had been accused of “...manipulating    and exploiting people; ...processes and procedures; ...situations and/or circumstances” to their advantage, enrichment or personal gratification. Michael Misick was ELECTED to public office as Chief Minister from “...2003 to 2006” and subsequently Premier from “...2006 to 2009.”

STARTLING FORTUNE
Seemingly employing the Gibbon’s Principle of “...Constitutional Liberty,” Misick reportedly acquired a “...Startling Fortune” of US$180M, most of which was suspected to have been amassed within “...six years while in public office. He had become a high profile “...Fugitive from Justice.” Through assistance from Interpol, his arrest for alleged “...Corrupt Practices,” was formally sanctioned by British authorities [Wikipedia].The former public official was under “...criminal investigations by British and Federal Bureau of Investigation (FBI) investigators for “...Corruption, Mal-administration; ...Bribery and ...Money Laundering.”  Most of his assets have since been frozen in jurisdictions where he had either “...stashed substantial sums of money in secret financial institutions or invested in real estate.” Most of the wealth was suspected to be the “Proceeds of Crime.”



ASSIGNED PORT FOLIOS
Misick had assigned himself port folios; “...Minister of Civil Aviation; ...Commerce and Development; ...Planning; ...District Administration; ...Broadcasting Commission; ...Tourist Board; ...Turks and Caicos Investment Agency; and Tourism [Wikipedia]. Seemingly, from the information released to social media, the “...Mystic Misick” was accused of building up a multi-million dollar fortune under suspicious and/or questionable circumstances, but reasonably linked to “...Corrupt Practices.” There was no doubt, Misick had “...planned; ...invested widely, while developing himself into a multi-millionaire. He seemed not to have guided his personal affairs and that of the nation with prudence and discretion. Seemingly using his “...intellectual skills and legal knowledge” marvelous ways, it precipitated his “...demise.” Consequently, if there were lessons to be learned, then the case of Michael Misick may provide many.

CONSTITUTIONAL LIBERTY
Edward Gibbon [British 1737-1794], “...self-styled historian of the Roman Empire” was said to have cynically posited “...Corruption was the most infallible symptom of Constitutional Liberty.” It was little wonder that those developing such “...symptom,” had allowed the virus to affect their “...honesty and integrity” to be led into depravity; ...forced to demit office, convicted and incarcerated and/or become “...Fugitives from Justice.” The experiences of former New York Mayor Marion Barry and former         Governor Rod Blagojevich [US] had been brought down by the contagious symptom. The former was nabbed on drug related charges, sentenced to a US penitentiary [6 months 2009]. The latter was slapped with Wire fraud/Attempted extortion/Conspiracy to sell President Barrack Obama’s position in the Senate [14 years-2011]. Cayman Islands Premier McKeeva Bush [Jan. 20, 1955] was the latest to tumble for “…Corruption;… Abuse of office;…Breach of Trust and Conflict of Interest.”

MYSTICAL MISICK
Consequent upon a probe reportedly conducted for allegations of corruption and shady business transactions, .Mystical Misick resigned from the Premiership in March 23, 2009, after investigations revealed “...prima facie evidence of Corruption.” Following his resignation, seemingly with clandestine assistance, he ensured that his “...presence was neither felt, nor seen in the Turks and Caicos.” Fearing a twist of fate and fortune, he reportedly slipped out “...under a veil of secrecy” in a vain attempt to elude the inevitable- “...arrest and prosecution.” He hastily took flight to Brazil, where a request for asylum was reportedly refused. He needed a safe haven that had no “...Extradition Treaty” with Britain. This was reminiscent of similar “...flight strategy” employed by former Utilities Minister of Antigua and Barbuda, Donald Halstead (deceased) et al, fleeing to the United States. He was arrested for “...Corruption and indicted for “...Misappropriating the negligible sum of $4,500 of APUA money, converted to his own use” [1977]. However, it was never about the amount involved, but his “...Corrupt behavior and betrayal of public trust.”

POLITICAL PATRONAGE
Corruption or Malfeasance in Public office was said to have become an international phenomenon, plaguing governments at all levels. Corruption, said to be “...an indulgent practice of depravity” was savored by “...an unscrupulous privileged few public officials.” There have been previous and recent suggestions of such practices within local jurisdictions as may be discerned from a related quote attributed to Antigua and Barbuda’s Sir Keithlyn Smith. He posited, “...Political patronage has resulted in too much UNACCOUNTABILITY of public funds [Wikipedia: Failings of Governance in Antigua and Barbuda: Douglas W. Payne: CSIS]. In most jurisdictions, political loyalists seemed to have encouraged “...Corrupt Practices.”

MALFEASANCE
Thus, it was to be understood that “...Malfeasance” (acts carried out by a public officials that cannot be legally justified or conflicts with the law) was not only limited to financial matters as may be seen in the cases against former Italian Prime Minister Silvio Berlusconi. Seemingly driven by influence and/or spurred by emotions, he was accused and charged by Italian prosecutors with engaging in “...unethical and immoral behavior. Thus, he was indicted for “...Malfeasance in Public Office” for allegedly “...pressured Law enforcement into “...releasing an under-aged prostitute from investigative detention.”  Consequently, he was indicted for engaging in the immoral acts of prostitution on allegations that “...tangible inducements” of money and jewellery were provided for the gratification. Under Italian Law such conduct constitutes “...Abuse of Office.” [Wikipedia].

TRANSPARENCY RANKING
Corruption was said to have plagued governments across the globe at all levels. Thus, it was said that though not characteristic of any particular form of government, wherever it exists, law abiding peoples and “...responsible and honest public officials” should just be as unwilling to tolerate it as with the frightening rampancy of other violent crimes, “...shootings; ...murder; ...rape; ...armed robberies; ...home invasions...arson attacks on educational institutions inter alia. Like these, “...Corruption” was known to have threatened citizen’s financial prosperity; ...well-being; ...quality of life; ...economic stability, prosperity and sustainability and the nation’s image and “...Transparency Ranking” within the global community.”



PM SPENCER-ONE STRIKE
Either mindful of Sir Keithlyn’s observations and/or of the “...vulnerability of public officials,” within his administration; ...the opportunities for personal enrichment; ...luring temptations and human frailty,” Prime Minister, Honourable Dr. Baldwin Spencer, addressing the United Nations General Assembly [Wikipedia: Sept. 14, 2205], proudly and emphatically states “...Last October [2004] just seven months after our election to our first term in office, the Government of Antigua and Barbuda enacted unprecedented Trilogy of Integrity Legislation, comprising ‘...Integrity in Public Life Act; ...Prevention of Corruption Act; ... and Freedom of Information Act.” These Enactments were clearly not intended to be “...symbolic gestures,” as public officials accused of certain “...corrupt behaviors” may have been allowed only “...ONE STRIKE” and then they would have been sacked and/or relieved of their privileged positions.

CRONYISM/NEPOTISM
Frequently, “...cronyism and nepotism” had been perceived as “...corrupting governmental institutions” by “...inherently corrupt public officials through corrupt practices.” However, some perceptions might be warped. Invariably, some behaviors might be “...Legally right,” in the eyes of citizens, it might be perceived as “...morally or ethically wrong.” This had often led to suggestion of “...Conflict of Interest.” For instance, a person “...lawfully employed in two government departments, but functions in different capacity and at different times, might be seen by those without gainful employment as “...Morally wrong.” Dependent upon relationships, there may be perceptions of “...cronyism- ...special treatment to friends and colleagues, especially in politics; ...nepotism- favouritism shown by somebody in power to relatives and friends, especially appointing them to good positions” [Encarta Dictionary].

MP DANIEL ON BRIBERY
Admiringly, PM Spencer continued “...My Government introduced this package of Integrity Legislation, without any demand from any other source, other than my administration’s manifest commitment to ...Transparency and Accountability as components of ‘Good Governance’; ...We are convinced that Transparency, Accountability and Integrity in government are fundamental to Economic and Social development.” Given recent events and/or suggestions of “...Corruption” that appeared to have dogged the administration, there was, no doubt, member of Cabinet Honourable Wilmoth Daniel shared, and continue to share such ideals, as so explicitly and commendably proffered. When he was allegedly offered a bribe, he had revealed to the nation that he was not about to betray “...Public Trust” and abused the privilege accorded in serving the people’s and national interest. He showed that he was not “...an Opportunist.

STEWARDSHIP
When news broke that the former Chief Minister/Premier was nabbed by Brazilian Law Enforcement Agency, he had been a “...fugitive with substantial wealth, said to worth-millions in “...real estate and cash,”  reportedly scattered across international frontiers. He was .on the run from British Police, who appeared to have been satisfied that the “...fugitive” had swindled from the public purse, through corrupt behavior and “...Selling off Crown Land to Developers” [Wikipedia] and allegedly “...treated the proceeds as private property.” Britain, maintaining responsibility for “...Oversight” of the public administration of its Overseas Territory, along with a distraught people of the Turks and Caicos appeared to have had grave concerns over Misick’s alleged “...corrupt administrative stewardship, land sales and financial dealings,” seemingly in satisfying lavished life-style.” Despite running for cover, in view of the maxim, he was to be considered “...innocent until proven guilty.”

ACCOUNTABILITY-ANTIGUA/BARBUDA
Contrastingly, in “...an independent Antigua and Barbuda,” such “...Financial Stewardship,” was to be monitored through a “...Public Accounts Committee, comprising of Members of Parliament [Constitution: Sec.98]. Among its duties was reporting to the House of Representatives (a) “...In the case of any excess, or unauthorized expenditure of public funds the reasons for such expenditure; and (b) ...Any measures it considers necessary in order to ensure that public funds are properly spent.” From public complaints, squabbles and media reports,” such Oversight Committee appeared to be at variance either with its “...Stewardship or with that of Finance Minister Honourable Harold Lovell.”

OTHER FORM OF CORRUPT BEHAVIORS
Corruption was not necessarily confined to “...tangibles,” but also other “...form of behaviors” corrupting   ethics and morals, secularly and religiously. For instance, that which might be “...Legally right, might also be “...Morally wrong.” In making the point, during the “...South African Apartheid Era”[Racial hierarchy: System of segregation enforced through legislation: 1948-1991] such practice was “...Lawful” for Townships folks to be confined to their “...communal dwellings; ...denied use of arable land and possessing identification to access areas off-limits to natives.” In the eyes of the world, it was objectionable and “...Morally wrong” for people, due to reasons of “...color, race or ethnicity” to be placed under restrictions and/or subjugation.

CORRUPT SYSTEMS
Such had been the perils faced by “...freedom fighters Nelson Mandela and Steve Biko [Dec.1946-Sept. 1977] et al.” The “...Apartheid System” was corrupted by beliefs of superiority by a minority, that provoked a “...growing legacy of bitterness” [Wikipedia], saturated with hate and discrimination; ...violence and brutality; ...destruction and death; ...grief and sorrow and pain and misery. These occurred in most corrupt societies across the globe. In some societies and under some systems, it was about “...Corrupt Systems- “...power struggles; ...segregating peoples; ...ethnicity cleansing of society.” In governance across the globe, it was about “...scandals and corruption.” In some national organizations -sporting or political, it was about “...treachery; ...divisiveness and executive tribalism.” Ask Member of Parliament Honourable Molwyn Joseph "...organizational leadership aspirant;" and "...Leon Kuma Rodney ...aspirant Cricket Executive."

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CLERGY-CORRUPTING MORALS
Another contentious issue was that of “...Decriminalization of Buggery” in which some Clergy members appeared to be “...flirting with Scriptural teachings and beliefs on morals.” Thus, it may not be influenced by evil forces or feelings in corrupting minds with “...moral impurities.” Advocates may run the risk of congregants succumbing to a practice that may lead to a “...Baptism of Fire.” For instance, if Catholic Bishop His Grace Kenneth Richards were successful in persuading Parliament to do so, it would be “...LAWFUL,” if persuaded by “...Satanic indiscretions” for him to engage in acts deemed extremely repugnant. Such practice would be inconsistent with the “...Biblical form of morality” and founding Constitutional Principle, where citizens proclaimed “...Acknowledgment of the Supremacy of God” [Principle A]. Thus, in the eyes of opponents “...Bishops Ewing Dorset; ...Charlesworth Browne; ...Reverend Dr. Cortwright Jarvis; ...conscientious-objector George Marajah; ...moralists and Christian community,” such practices may be viewed as “...outrageous and spiritually and morally wrong.” The Clergy has no obligation to be “...politically correct on secular depravity.

CONCLUSION
Equally as much as Corruption was said to be “...Politicians Delight,” so it has been said to be the cause of their “...Demise.” Such assertions were premised on the irrefutable fact that “...some who had flourished in it had also perished by it.” Many whose behavior had exceeded all “...barriers of professional integrity honesty and decency, had exposed them to “...public ridicule, suspicion and mistrust.” Those who had sojourned in “...restrooms and/or sitting on fences and sidewalks eating jelly beans,” had fortuitously escaped judicial consequences.” Such seemed to confirm the observations of social commentator Mighty Sparrow of behaviors of “...Good Citizens,” whose contention was “...They violate the Law and have the Law protecting them same time; ...They spread Corruption throughout the country; ...Yet they penalizing you and me when the real traitors (criminals) are high in society.” Such is the nature of the socio-economic and political environment and the behavior of a few high profile “...Corrupt Public Officials.”

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