Carvil Duncan suspended from all Commissions
Carvil Duncan
Carvil Duncan

PRESIDENT David Granger has suspended Chairman of the Public Service Commission (PSC), Carvil Duncan with immediate effect, pending the outcome of the proceedings of the Tribunal.Duncan was suspended on Monday, the same day, he indicated through his attorney, Anil Nandlall that he will be moving to the High Court to challenge the legality of the Tribunal appointed to determine whether he should be removed from the constitutional office after being charged with fraud.

According to a statement issued by the Ministry of the Presidency on Wednesday, in a letter dated October 10, 2016, President Granger informed Duncan that in addition to his role as PSC Chairman, he is also suspended from performing the Constitutional functions as ex-officio member of the Judicial Service Commission, the Police Service Commission and other functions as ex-officio member of the Commissions of the Board of the Guyana Defence Force (GDF).

This decision, the Ministry said is in accordance with Article 225 (6) of the Constitution which states that “If the question of removing the officer from office has been referred to a tribunal under this article, the President, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his office, and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the officer should not be removed from office.”

Additionally, in accordance with Article 255 (4) of the Constitution, President Granger on September 15, had appointed a Tribunal to inquire, investigate and recommend whether Duncan ought to be removed from office for inability to discharge the functions of his Constitutional posts.

The Ministry is also maintaining that Prime Minister, Moses Nagamootoo had written to Duncan calling on him to explain why a Tribunal should not be appointed but this letter went unanswered. However, Duncan is contending that he never received any correspondence from the Prime Minister.

However, the Ministry said, the Tribunal is in receipt of evidence that the Prime Minister’s letter was delivered by the Guyana Post Office Corporation.

On Saturday, Duncan alleged that he was offered a “financial package” in exchange for his resignation by the President and Minister of State Joseph Harmon but this claim was categorically denied by Minister Harmon.

In fact, both the President and Minister Harmon had met with Mr. Duncan in an effort to have him voluntarily vacate the Constitutional positions he holds, since it is undesirable for someone who is facing criminal charges to hold those positions.

Duncan is currently before the court on fraud charges after it was discovered by auditors that he paid himself approximately $1M and allegedly conspired with Deputy Chief Executive Officer (DCEO) of the Guyana Power and Light, Aeshwar Deonarine, for an unapproved transfer of approximately $27M into the latter’s personal account.

Members of the Tribunal, Justice Roxanne George-Wiltshire, Justice (ret’d) Winston Patterson and Attorney-at-Law, Mr. Robert Ramcharran, are expected to present their report to the President on or before Monday October 31, 2016.

 

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