The dismissal of a simple larceny charge against former Director of the Guyana Power and Light Inc. (GPL) Carvil Duncan will have no effect on the work of the tribunal set up to investigate whether he ought to be removed from the post of Chairman of the Public Service Commission (PSC), Minister of State Joseph Harmon said on Thursday.
Harmon told a post-Cabinet press briefing that once the High Court challenge to the legality of the tribunal has been “dealt with,” the tribunal, which has completed its work, will submit its report to President David Granger.
Attorney Anil Nandlall, who represents Duncan, had argued in a letter carried by Stabroek News that the dismissal of the charge against Duncan meant that the tribunal should be disbanded.
According to Nandlall, President David Granger, who had suspended Duncan as PSC Chairman and member of the Police and Judicial Service Commissions, “is now obliged to do the decent thing, which is, to disband the Tribunal forthwith and to rescind his suspension of Mr. Duncan from performing his various constitutional functions.”
His letter further claims that the court’s decision has vindicated his contention that Prime Minister and the President “acted prematurely, precipitously, capriciously, arbitrarily and unconstitutionally” when they activated a process to remove Duncan from constitutional office before the hearing and determination of the criminal charges, although he has done no legal wrong that would be considered “misbehaviour” to warrant his removal from office.
He, therefore, concluded that the tribunal has now been proven to have embarked upon an unlawful and unconstitutional course of action and, therefore, has no legal jurisdiction whatsoever to proceed with its work, even if the court order prohibiting it from proceeding, is discharged.
Harmon, however, reminded that Duncan will still have to appear in court to answer other charges that were brought against him.
“Mr. Duncan is charged with several offences; more than one; at least two other offences that are to be dealt with. One of those offences, my understanding is, has been dismissed for want of prosecution and therefore there are still two others to be dealt with,” Harmon said.
On Wednesday Magistrate Leron Daly ruled that a prima facie case had not been established against Duncan, who had been charged with simple larceny, and that the court would not call on him to lead a defence. It was alleged that on March 31, 2015, at Georgetown, he conspired to steal $984,900, which was the property of GPL.
Prior to making her ruling, Magistrate Daly stated that she had perused various law journals to analyze whether or not a no-case submission should be upheld.
It was stated that it was up to the prosecution to prove whether Duncan had received consent to take the money, if the money was an absolute or special property of GPL, if he took and carried away an article, whether he took an article capable of being stolen, and whether he had a claim of right to the funds.
The prosecution failed to prove that no consent had been given to the defendant to take the funds, the magistrate said.
Although Duncan was freed of the simple larceny charge, he was made aware by Police Prosecutor Bharat Mangru that he is set to face trial once more on January 4, 2016 for a conspiracy charge, which states that between May 7, and May 8, 2015, he conspired with another to steal the sum of $27,757,547.
The charge stems from a payment that former GPL Deputy Chief Executive Aeshwar Deonarine made to himself.
