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Carvil Duncan’s suspension administratively correct – Attorney-General
Attorney General and Minister of Legal Affairs Basil Williams, yesterday described the suspension of Carvil
Attorney-General,
Basil Williams
Duncan from three constitutional bodies as administratively correct. During a press conference at his chambers, Williams explained that when a public servant is charged with any offence in Guyana, that person is interdicted.
To be interdicted means to receive an order from the court telling someone that they are no longer allowed to perform their functions, he added.
According to the Attorney General, Duncan should suffer the same fate as those public servants over whom he exercises a supervisory role. Duncan, before suspension was chairman of the Public Service Commission.
Williams said that the government does not have to wait for any criminal matter to be completed to move administratively against anyone. Duncan is currently before the court charged with theft of over $900,000 from the Guyana Power and Light (GPL).
Recently the Tribunal which was set up to investigate whether Duncan should be removed from the office of Chairman of the Public Service Commission, because he is facing criminal charges, was blocked by a High Court order handed down by Justice Franklin Holder.
Members on the Tribunal are Madam Justice Roxanne George (Chairperson), Justice (retired) Winston Patterson and Robert Ramcharran.
The High Court order stated that the tribunal was set up based on unconstitutional advice given by Prime Minister Moses Nagamootoo to President David Granger.
Duncan and his lawyer, former Attorney-General Anil Nandlall, had argued that no letter was sent to the
Embattled Carvil Duncan
embattled Duncan showing cause why the Tribunal should not have been set up to investigate his removal from office. Also, Duncan said that he was not given a chance to represent himself.
He said that no hearing was afforded him by the Prime Minister prior to the PM advising the President to launch an investigation into his removal from office according to Article 225 (4) of the Constitution.
During yesterday’s press conference the Attorney-General said that if it can be shown that Duncan had received the notice from the PM, it would mean the end of the matter. Williams said that he has seen such record that the Prime Minister did serve Duncan with the letter.
According to the AG, since he is back in the country he will now take control of the case. “The Minister has indicated to me that he will give me instructions and so we’ll file our answer.”
He said that the Prime Minister himself was not given a chance to be heard before the Order Nisi was granted. “Were the Prime Minister given that opportunity, it would have been shown from the record, evidence of receipt.”
The AG said that the court case involving Duncan will continue. However, he continued that the proceedings do not preclude the government from moving administratively to deal with an issue.
He said that citizens need to understand that no person is exempt from facing the application of the law.
“This type of discrimination must end in this country. We don’t have no super category of people in this country. If the people you’re (Duncan) supervising are charged and have to be interdicted, why should you have to stay on the job when you’re charged too?”
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