ATTORNEY for Carvil Duncan, Anil Nandall, has signaled his client’s intention to challenge the appointment of Patrick Yarde as the acting Chairman of the Public Service Commission (PSC).

Yarde, a long-standing trade unionist, was sworn in by President David Granger as the acting Chairman of the Public Service Commission (PSC) last Thursday. By virtue of his appointment, Yarde becomes an ex-officio member of the Judicial Service Commission (JSC), the Police Service Commission and the Guyana Defence Force Commission’s Board.

Nandlall told reporters on Monday that the appointment is legally challengeable, as it represents among other things, a conflict of interest. “Patrick Yarde’s appointment is in my respectful view, capricious, arbitrary, unlawful, and unconstitutional. The position of Chairman of the PSC is not vacant,” said Nandlall. He explained that Duncan is substantively the holder of that office, despite the fact that he was suspended and there is an attempt to remove him; the crux of which is the subject of court proceedings.

“Orders have been issued restraining those who were attempting to remove him from taking further steps in the matter until these proceedings are concluded,” the attorney stated.

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

Meanwhile, a statement from the Ministry of the Presidency last week said that President David Granger, who made the appointment, explained that since the removal of Duncan as Chairman, the constitutional body’s work has been lagging.

“It ought not to be delayed further because the function of the Public Service Commission and the Judicial Service Commission has been affected… This is entirely in accordance with the requirement of an efficient Government that the work of those four boards should not be delayed or paralysed any further,” President Granger stated.

The President said too that his government is confident that the appointment of Yarde is a step in the right direction, which will result in the functioning of the four constitutional commissions.

Last October, President Grange ordered the suspension of Duncan in accordance with Article 225 (6) of the Constitution, pending the outcome of proceedings of the tribunal set up to inquire, investigate and recommend whether Duncan ought to be removed from office for inability to discharge the functions of his Constitutional posts as a result of fraud charges.

However, Duncan had secured an Order of Rule Nisi from the High Court to halt the works of the tribunal, while the magistrates’ court determines whether there is enough evidence for the case to go to trial. He questioned the legality of the tribunal appointed.

Meanwhile, Nandlall said it is the PSC members that appoints a chairman and not the president and noted that “information I have is that that has not been done.” Additionally, the attorney contends that the issue of conflict of interest must be looked at and questioned whether “it is proper; is it lawful for the head of the Union representing the majority of public servants, sitting as chairman of the PSC? I see that as a conflict of interest and therefore on those grounds the appointment of Patrick Yarde is legally challengeable and proceedings will be filed shortly to challenge it.”