Latest update November 21st, 2024 1:00 AM
Carvil Duncan’s suspension sets gloomy precedent for future of democracy – Opposition Leader
The suspension of Carvil Duncan, as Chairman of the Public Service Commission, in accordance
Embattled Carvil Duncan
with Article 225 (6) of the constitution by President David Granger, has been described as a cavalier and ominous act by Opposition Leader Bharrat Jagdeo. He said that it relates to the future of democracy in Guyana.
Jagdeo held a press conference at Parliament during a break in the Parliamentary sitting, yesterday, to address the issue. He said that his party’s refusal to sit in Parliament while the President made his speech, was done to send a strong message to the President and the Executive that constitutional protection must not be treated lightly.
“Carvil Duncan, for whatever he is, has constitutional protection by virtue of the office or offices he currently holds.”
Jagdeo said that his party believes in the doctrine of separation of powers as the foundation of the nation’s democracy.
He stated that when the Executive extends its arm to deal with people who are protected by the constitution, they have to do so in a manner that is prescribed. The former Head of State said that such persons should not be dealt with in a way that intimidates them to take certain actions.
“We believe the whole affair surrounding Carvil Duncan does not exhibit any of the fair treatment that is required in this case.”
The opposition leader said that Duncan has been charged for misappropriating $20,000 a month for a
Opposition Leader, Bharrat Jagdeo
few years. Duncan is said to have misappropriated a whopping $900,000.
“That is already clear that it was a director’s fee, but he is being charged and placed before the court for that matter,” Jagdeo said.
But the money Carvil Duncan took was never approved, a point Jagdeo failed to mention. Duncan had claimed that the money represented a pay increase approved by Prime Minister Samuel Hinds. But the then Prime Minister said that he never approved any such increase.
Jagdeo said that the allegation against Minister of State Joseph Harmon and President Granger for asking Duncan to resign is a direct interference by the Executive, trying to get a constitutional post holder to succumb to their will.
“Immediately thereafter the President puts in place this tribunal, which is an affront to natural justice and to the law of the presumption of innocence, because the court is still hearing the case and has not ruled on whether Carvil Duncan is guilty or not.”
Jagdeo said that Tuesday’s action by Granger to suspend Duncan was the proverbial last straw, since the Tribunal is still ongoing.
“This indecent haste to get rid of Carvil Duncan is unbelievable. By itself it may not mean much, but given that Carvil Duncan has all these constitutional protections, what about ordinary citizens?”
The opposition leader is of the position that if the government can get away with the removal of a constitutional post holder, then it can get away with anything when ordinary people have to engage with the government.
President David Granger
Duncan was suspended pending the outcome of the tribunal which comprises Justice Roxanne George-Wiltshire, Justice (retd) Winston Patterson and Attorney-at-Law, Robert Ramcharran. The trio is expected to present its report to the President on or before Monday October 31, 2016.
The law prescribes that if the tribunal clears Duncan, then the president must reinstate him.
According to a statement issued by the Ministry of the Presidency, Duncan has also been 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.
Duncan with his lawyers, Anil Nandlall and Satesh Satram, had reportedly moved to the courts during the week to challenge the legality of the tribunal which was established on September 15, 2016 in accordance with Article 225 (4) of the constitution.
The trade unionist 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 of the Guyana Power and Light, Aeshwar Deonarine for an unapproved transfer of some $28M into Deonarine’s account.
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