| (1) |
Whenever a person is charged with an offence under Part 1 or 2, or section 21 (in so far as it relates to the aforementioned offences) of Chapter 2, proof that that person, or someone else at the instance of that person— |
| (a) |
accepted or agreed or offered to accept any gratification from; or |
| (b) |
gave or agreed or offered to give any gratification to, |
any other person—
| (i) |
who holds or seeks to obtain a contract, licence, permit, employment or anything whatsoever from a public body, private organisation, corporate body or other organisation or institution in which the person charged was serving as an official; |
| (ii) |
who is concerned, or who is likely to be concerned, in any proceedings or business transacted, pending or likely to be transacted before or by the person charged or public body, private organisation, corporate body, political party or other organisation or institution in which the person charged was serving as an official; or |
| (iii) |
who acts on behalf of a person contemplated in subparagraph (i) or (ii), |
and, if the State can further show that despite having taken reasonable steps, it was not able with reasonable certainty to link the acceptance of or agreement or offer to accept or the giving or agreement to give or offer to give the gratification to any lawful authority or excuse on the part of the person charged, and in the absence of evidence to the contrary which raises reasonable doubt, is sufficient evidence that the person charged accepted or agreed or offered to accept such gratification from that person or gave or agreed or offered to give such gratification to that person in order to act, in a manner—
| (aa) |
that amounts to the— |
| (aaa) |
illegal, dishonest, unauthorised, incomplete, or biased; or |
| (bbb) |
misuse or selling of information or material acquired in the course of the |
exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;
| (aaa) |
the abuse of a position of authority; |
| (bbb) |
a breach of trust; or |
| (ccc) |
the violation of a legal duty or a set of rules; |
| (cc) |
designed to achieve an unjustified result; or |
| (dd) |
that amounts to any other unauthorised or improper inducement to do or not to do anything. |
| (2) |
Whenever a public officer whose duties include the detection, investigation, prosecution or punishment of offenders, is charged with an offence involving the acceptance of a gratification, arising from— |
| (a) |
the arrest, detention, investigation or prosecution of any person for an alleged offence; |
| (b) |
the omission to arrest, detain or prosecute any person for an alleged offence; or |
| (c) |
the investigation of an alleged offence, |
it is not necessary to prove that the accused person believed that an offence contemplated in paragraphs (a) to (c) or any other offence had been committed.
Gas Regulator Levies Act, 2002
