President has to disband Carvil Duncan tribunal – Nandlall

Nov 03, 2016 News

Attorney-at-Law, Anil Nandall

Former Attorney General Anil Nandlall says that President David Granger is now compelled to disband the Tribunal and rescind the suspension of Carvil Duncan from performing various constitutional duties, following the dismissal of criminal charges against him.

In a statement, Nandlall said that the dismissal of the charge vindicates Duncan’s innocence. He said that the prosecution has failed to rebut the constitutionally guaranteed presumption of innocence which Duncan enjoys.

Therefore, he said, in the eyes of the law, Duncan has committed no legal wrong.

According to Nandlall, “It vindicates my contention from the inception that the Prime Minister and the President acted prematurely, precipitously, capriciously, arbitrarily and unconstitutionally when they activated a process to remove Mr. Duncan from office before the hearing and determination of the criminal charges. As it now turns out, they are attempting to remove from office, a high Constitutional Office holder who enjoys security of tenure of office and who has done no legal wrong that would be considered “misbehaviour” to warrant his removal from office.”

He said that the Tribunal established by the President has now been proven to have embarked upon an unlawful and unconstitutional course of action.

He added that the Tribunal has no legal jurisdiction whatsoever to proceed with its work, even if the Court Order prohibiting it from proceeding is discharged.

“The Executive has wasted a lot of time, energy and financial resources in its indecent haste to remove Mr. Duncan from office. In the end, the Rule of Law and an independent Judiciary have prevailed”, Nandlall concluded.