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Public Service Commission Chairman’s submission over-ruled; to challenge Tribunal in High Court

Attorney-at-Law, Anil Nandlall

Attorney-at-Law, Anil Nandlall

Chairman of the Public Service Commission (PSC), Carville Duncan plans to challenge the legality of a Tribunal hearing to determine whether he should be removed from that constitutional post, his lawyer Anil Nandlall said Monday.

Nandlall told Demerara Waves Online News that the Tribunal over-ruled his submissions and he would be moving to the High Court later this week. He said immediately after the decision, he informed the body that he and Duncan would not be participating in the proceedings any longer and they left.

The Tribunal Hearing continues in their absence behind closed doors away from the glare of the public and the media at the Training Division of the Ministry of the Presidency.

Nandlall said he would be moving to the High Court on three grounds.

They are that there are criminal proceedings underway in the Magistrates’ Court,  Duncan never received a letter from Prime Minister Moses Nagamootoo in March 2016 calling on him to show cause why the tribunal should not be established, and that the PSC Chairman has been called before Tribunal whose Chairman is sitting High Court Judge. Nandlall explained that, as a member of the Judicial Service Commission, Duncan is appearing before someone over whom he exercises supervisory authority.

They are the fact that Duncan deserves a right to a fear hearing into the alleged larceny of $984,000 from Guyana Power and Light and conspiring with another to steal over $27 million from the said entity. “Mr. Duncan, under Article 144 of the Constitution is entitled to a presumption of innocence. That means that his innocent of the charges until he is proven guilty,” said Nandlall.

The former Attorney General further argued that the establishment of a Tribunal to remove him from office on the mere institution of a charge and before the determination of guilty infraction of constitutional protection.”

Nandlall contended that because Duncan never received the letter at the outset to trigger the process, “that makes the Tribunal infected from its very beginning and a nullity.”

The Attorney-at-Law noted that Tribunal Chairman, High Court Judge, Roxanne George is subjected to supervisory jurisdiction by Duncan who is a JSC member. “It is improper for a member of the Judicial Service Commission to be judged essentially by a judge over whom Mr. Duncan exercises a jurisdiction,” he said.

Minister of State, Joseph Harmon said the Tribunal was set up to inquire, investigate and recommend whether Duncan ought to be removed from office for inability to perform the functions of the said office, after he refused to gracefully vacate the office.

  • Emile_Mervin

    I don’t know the procedure in Guyana for service commissioners to demit office after a change of government, but if the news accounts are true that Duncan conspired with Ash Deonarine to pay themselves almost US $27m without proper and legal authorization, then Duncan should be arrested and be asked to step down from all public office positions until the case is resolved one way or other.

    • rs dasai

      Arrested by whom and charged by whom for what? Why so long a wait not to charge? Who should have given proper and legal authorisation to pay or not to pay? Are we being take for an air ride by all sides?

      • Emile_Mervin

        Your questions deserve answers, but, unfortunately, there is something askew.

    • Lucy

      Just out of curiosity – Since DUNCAN should be charged – What happen to the following:
      Are all these cases NOT worth the same consequences? Goolsarran and RAM pockets got filled with audits funds from tax payer dollars and NONE could have provided sufficient evidence on any cases that the PPP stole to merit a charge….We as the tax payers are watching why party supporters are being paid OFF….And yes, I know you will merit the PPP and its past actions….But we can merit Burhnam and his past actions too…BUT our primary focus should be TODAY LEADERS because these are the people spending our tax dollars….Not the past PEOPLE…..

      • Emile_Mervin

        All thieves, whether under the PPP or the Coalition, should be made to, at least, forfeit their loot or the equivalent value in bank accounts, material possession or real estate. The government is there to serve people, not parasitic politicians and their plundering pals.

        Why the Duncan case stands out is because it happened ways after the PPP lost power and the Coalition allowed Ash Deonarine to leave Guyana without blocking his travel rights.

        Worse was the fact that Deonarine was able to wire over US $130,000 from Guyana to North America and no money laundering red flags were raised.