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Mar 24, 2017 News
The Attorney General Basil Williams yesterday accused Justice Franklyn Holder of not
accurately recording evidence in the High Court matter involving Carvil Duncan. The Judge took umbrage to the accusation.
Williams then blurted out loudly, “The last Magistrate who did that to me was later found dead.” The Judge immediately walked off the bench, without adjourning the matter.
Williams’s action was apparently out of frustration at the hearing which continued yesterday.
During the proceedings, the confidential secretary of Chairman of the Public Service Commission, Carvil Duncan faced questions regarding notification of the Prime Minister, towards the establishment of the tribunal to address the matter relating to his removal from the constitutional offices.
The case was filed last October after Chairman of the Public Service Commission, Carvil Duncan, through his attorney, Anil Nandlall, approached the High Court seeking an order to suspend the work of a Presidential Tribunal that had been set up to determine whether the criminal charges Duncan is currently facing is enough to have him removed from office. That order was granted by Justice Holder.
It prohibits the three-member Tribunal from investigating and pronouncing on whether Duncan should remain a Member of the Public Service Commission, Judicial Service Commission and the Police Service Commission.
On the last occasion, Mr. Duncan and his Confidential Secretary were expected to take the witness
stand as part of a legal process to reconcile crucial affidavits submitted in the matter. However, Attorney General (AG) Basil Williams only questioned Duncan about the notification that was sent by Prime Minister, Moses Nagamootoo.
Prime Minister Nagamootoo contended that his office served Carvil Duncan with a letter dated March 29, 2016, which he claims was received at the Public Service Commission on April 14, 2016, calling upon Duncan to show cause within 14 days why he should not be removed from the aforesaid positions.
Mr. Duncan and his Confidential Secretary in their affidavits swore that no such letter was every received at the Public Service Commission. They both contended that indeed a letter from the Prime Minister’s office was received on April 14, 2016, but that letter addressed to Mr. Duncan, informed him of a Public Service Conference which was to be held in London, England later that year.
In order to resolve this conflict in the affidavits, Justice Holder ordered the persons who swore to the affidavits be cross-examined.
Duncan was first to take the stand two weeks ago. The cross-examinations concluded with Duncan holding firmly to his version.
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