CHAIRMAN of the Public Service Commission (PSC), Mr. Carvil Duncan, facing an accusation of fraud, plans to challenge the legality of the tribunal appointed to determine whether he should be removed from the constitutional offices he holds.Duncan’s attorney, former Attorney General and Legal Affairs Minister Anil Nandlall, in an interview with reporters on Monday, said the tribunal, chaired by Justice Roxane George, overruled his objections to the proceedings, and as such, Duncan will challenge the legality of the tribunal at the level of the High Court.

Duncan and his attorney have accordingly taken a decision to withdraw their participation from the process which was initiated by President David Granger in mid-September when he swore in the members of the tribunal: Justice George, Justice (ret’d) Winston Patterson and Attorney-at-Law Robert Ramcharran.

According to Nandlall, several considerations should restrain the tribunal from proceeding with its work. “There are criminal proceedings pending in the Magistrates’ Courts, and those proceedings have not been completed,” he posited.

He also noted that Duncan is innocent until proven guilty, and is thus far not guilty of committing any crime. “To establish a tribunal to investigate his removal from office on the mere institution of a charge before the determination of any guilt is (an) infraction of that constitutional protection which guarantees him innocent until proven guilty,” Nandlall contended.

Nandlall is adamant that setting up the tribunal is “premature and an infraction and violation of that constitutional protection.”

Additionally, Duncan, through his attorney, is contending that he never received a letter from Prime Minister Moses Nagamootoo, calling for him to show why the tribunal should not be established.

In March 2016, Prime Minister Moses Nagamootoo had written Duncan, asking him to show why a tribunal should not be established to address the question of his removal from constitutional office. Nandlall is contending that no such letter was ever received by Duncan.

“He (Duncan) said they have checked all (his) offices and his home and at the post office and no such letter was found. I wrote to the Prime Minister and I asked him to state the date, time and place, and to whom (the letter) was delivered; and to produce any evidence to show that the letter was sent or received. The Prime Minister never answered those questions,” the lawyer said.

The former Minister of Legal Affairs also pointed out that, as a member of the Public Service Commission, Duncan exercises supervisory jurisdiction over judges, including Justice George, chair of the tribunal. Additionally, he said it was wrong for President Granger and the Minister of State, Joseph Harmon, to have approached Duncan.

“The President and Mr. Harmon ought not to have any engagement with an independent constitutional office-holder. That would tend to invite him to remove from office. The reason why you have independent constitutional offices is because they are not supposed to be influenced by the Executive; and here it is you have two leading members of the Executive inviting Duncan, who has security of tenure, to resign and accept what is essentially a bribe,” Nandlall contended.

While Duncan did not speak to reporters on Monday, he said in a statement issued over the weekend that, following an invitation in February, he met with the Minister of State. “I turned up at the meeting with Mr. Harmon, who said to me that he was instructed by President David Granger to have me resign as Chairman of the Public Service Commission, which would automatically be followed by my resignation from the other constitutional service commissions; namely, the Judicial Service Commission and the Police Service Commission,” Duncan stated.

Duncan is alleging that it was during that meeting that the Minister of State asked him to consider a financial package that would accompany his resignation. “My answer to him was that I had preferred to speak with the President on this matter, and I then exited his office,” he said.

A meeting was set up later that day with President Granger and Minister Harmon, according to Duncan. “During our discussions, President Granger insisted (that) I resign as Chairman of the Public Service Commission, to be followed by the other constitutional service commissions. He then said to me, as much as three times, that he “does not want any blood on his carpet,” forcing me to move in the direction of resigning by the deadline of March 15, 2016.

“The President offered me a financial package under the same conditions as had been offered by Minister Harmon if I were to resign as he insisted,” Duncan further alleged.

He said it was after several attempts to contact Minister Harmon that he read in the news that the Prime Minister had indicated that he (Duncan) had failed to respond to his letter.

“I had checked with both of my offices, which were never in receipt of any letter sent by the Prime Minister. I also checked at the post office in my area, which informed me that it had no outstanding mail for me. It may be opportune to note that I was also never contacted by the Prime Minister or any of his agents,” he contended.

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However, the Office of the Minister of State categorically denied the claims made by Duncan — that he was offered money by Minister Harmon and the President to resign.

“A meeting was held with Mr. Duncan, during which he was invited to gracefully vacate the positions he currently holds on several commissions, given that he is currently on trial for allegedly stealing $984,000 from GPL and conspiring with another to steal over $27M from the said entity,” a statement from that office read.

According to the Office of the Minister of State, Duncan had promised to discuss the offer with his family and communicate his decision. Harmon said it was Duncan’s non-response that led to the appointment of the tribunal.