A THREE-MEMBER tribunal has been sworn in to inquire, investigate and recommend whether Carvil Duncan, Chairman and appointed member of the Public Service Commission should be removed from office.In addition to being charged with fraud, Duncan has not been executing his functions effectively. In keeping with Article 225 of the Constitution of Guyana, Justice Roxane George – Chairperson of the tribunal, Justice (ret’d) Winston Patterson and Attorney-at-Law Robert Ramcharran took the oath of Office on Thursday before President David Granger at the Ministry of the Presidency.
The tribunal is expected to commence its work immediately and render its report, findings and recommendations to President Granger on or before October 31, 2016.
In offering congratulations and appreciation to the tribunal for taking up this challenge, the Head of State said it is an indication that Guyana is a well-run country.
“It represents the commitment of this Administration for due process. We are obliged that when matters are brought to our attention that the response should not be hasty, arbitrary or whimsical and that, we follow the Constitution both in spirit and in letter,” President Granger said.
Initially, Government had sought to have Duncan remove himself, but he failed to cooperate. President Granger had long expressed concern over the current criminal charges laid against Duncan even as he continues to sit 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 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, Duncan has to defend the charges before officials appointed by this Commission. However, 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 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.