November 3,2016
Dear Editor,
The dismissal of the criminal charges against Mr Carvil Duncan has several implications.
1) It vindicates Mr Duncan’s innocence. The prosecution has failed to rebut the constitutionally guaranteed presumption of innocence which Mr Duncan enjoys. Therefore, in the eyes of the law, Mr Duncan has committed no legal wrong.
2) 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.
3) As I predicted and cautioned, the Tribunal established by the President has now been proven to have embarked upon an unlawful and unconstitutional course of action. This Tribunal, therefore, has no legal jurisdiction whatsoever to proceed with its work, even if the court order prohibiting it from proceeding, is discharged.
4) In conclusion, 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.
In the circumstances, the President 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.
Yours faithfully,
Mohabir Anil Nandlall, MP
Attorney-at-law
