Attorney General Basil Williams weighing in today on the Carvil Duncan matter said even though the court is yet to make a decision as it relates to Duncan, following criminal charges, it does not precludes the Government from taking administrative measures.
He reasoned that “If you are a public servant and you are charged for any offence in Guyana, what happens to you? You are interdicted…so how could you be interdicted and the person who is supervising you is charged and they don’t suffer the same consequence? What kind of country do we have? …we don’t have to wait for any criminal matter to be completed to move administratively.”
Minister Williams, contrary to what Duncan is alleging said there are records to show that the Prime Minister dispatched a letter to Duncan giving him the opportunity to explain, given the circumstances, why he should not be removed from office.
“I have seen that record that the Prime Minister did serve Mr. Duncan, I’ve seen it,” the Minister said.
Williams said Government is moving to end the discrimination where one category of people seems to be exempted from the law.
Duncan who recently filed legal proceedings is contending that the advice tendered by Prime Minister, Moses Nagamootoo to the President for his removal under Article 225 (4) of the Constitution was done in violation of natural justice, since he was not afforded a fair and adequate opportunity to be heard prior to that advice being tendered.
Following the advice of the Prime Minister, a tribunal was established by President David Granger to investigate whether Duncan should be removed from office due to inability to perform his duties.
Members of the tribunal were written by attorneys representing Duncan, including former Attorney General under the PPP Government, Anil Nandlall, advising that the appointment of the Tribunal is an “interference with the administration of criminal justice and that the Tribunal will assume illegal purposes in the event it furthers the terms of reference.”
Duncan’s attorneys say he is entitled to the presumption of innocence guaranteed to him by Article 144 of the Constitution of Guyana and is to be treated as a person wholly innocent of the charges referred to.
