THE Judicial Service Commission (JSC) will soon decide on whether Carvil Duncan should be removed from constitutional office after being charged for fraud. Government had initially sought to have Duncan remove himself, but the latter has not been cooperating.
The Guyana Chronicle was told that Chancellor of the Judiciary Justice Carl A Singh has advised President Granger that the JSC would consider the composition of a tribunal to make the determination on Duncan. President Granger had drawn the attention of the Chancellor to the current criminal charges pertaining to fraud which Mr Duncan is facing whilst sitting on several constitutional bodies, including the Public Service Commission, the Police Service Commission and the Judicial Service Commission.
Duncan was charged following alleged financial irregularities at the Guyana Power and Light (GPL), where he had served as a board member. During March 2016, Prime Minister Moses Nagamootoo wrote to Mr Duncan asking him to show cause why a tribunal should not be established to address the question of his removal from constitutional office. The Prime Minister had advised that, as a member of the Judicial Service Commission, Mr Duncan has to defend the charges before officials appointed by this Commission. Mr Duncan never responded to the Prime Minister’s letter. The Prime Minister then advised the President that a tribunal ought to be established to investigate whether Mr Duncan should be removed from the constitutional commissions.
Duncan, who is also President of the Federation of Independent Trade Unions of Guyana (FITUG) and General-Secretary of the Guyana Labour Union, was charged jointly with former Deputy Chief Executive Officer (DCEO) of the Guyana Power and Light Incorporated (GPL), Aershwar Deonarine, over the unapproved transfer of approximately $29M to their personal bank accounts from the PetroCaribe fund. Duncan, when he was first charged, was placed on $1M bail by Chief Magistrate Ann McLennan. Police have alleged that Duncan stole $984,900 from GPL on March 31, 2015 at Georgetown, after conspiring with Deonarine to commit the act of simple larceny. Duncan is also alleged to have conspired with Deonarine to commit a felony – that is to say between May 7 and 8 at Georgetown, he conspired to steal GYD$27,757,500, property of GPL. He has denied the charges.