DEPUTY CHIEF Secretary Watson Duke’s position in the Tobago House of Assembly (THA) has found its way in the courts.

On Thursday, Attorney General Faris Al-Rawi (AG) filed a construction summons in the High Court to interpret a section of the Tobago House of Assembly (THA) Act as it relates to Watson Duke’s appointment as deputy chief secretary while also serving as head of the Public Service Association (PSA) and a member of the registration, recognition and certification board (RRCB).

The claim says Duke receives remuneration from the PSA and the RRCB. The latter falls under the Ministry of Labour and deals exclusively with the recognition of a trade union by an employer and matters related to this.

The filing of the construction, or interpretation, summons, which seeks to have the court interpret the law as it relates to a particular issue, comes immediately after the THA election on December 6, in which Duke’s Progressive Democratic Patriots won 14 of the 15 seats.

It also follows warnings by the Attorney General to Chief Secretary Farley Augustine, of a conflict of interest in Duke’s appointment as deputy chief secretary.

Al-Rawi told Augustine his deputy had to leave the PSA. Augustine gave Duke a three-month ultimatum to put his house in order, but Al-Rawi insisted the PSA president had to step down from the union immediately.

Duke tendered his resignation from the PSA, effective December 31, however, Augustine was challenged by the AG to act immediately prompting him to respond earlier this week.

[caption id="attachment_930050" align="alignnone" width="1024"] Farley Augustine -[/caption]

At a post- THA council meeting on Wednesday, Augustine said the issue of any conflict had been resolved with Duke’s tendering his resignation from the PSA. Augustine, however, maintained the THA did not answer to the AG.

The latest salvo was Al-Rawi’s attorneys filing the interpretation summons in the High Court to resolve the conflict issue.

In a release on the filing, the Office of the AG said it received inquiries from both the RRCB and the chief personnel officer on Duke’s status as president of the PSA, the majority union for public officers.

It said before filing the application, the AG received advice from several senior counsel who “all agreed that there was an issue to be decided by the court” regarding Duke’s appointment to the executive council of the THA and his participation for remuneration in other bodies.

The statement made it clear the application did not seek to “unseat the election” of anyone to the THA’s assembly or executive council.

“It merely seeks to clarify the law in the THA Act, as well as the Integrity in Public Life Act, Chap. 22:01, regarding the prohibition against a secretary of the THA and a person in public life, engaging in activities which would be in conflict with his duties as a secretary.”

The release said the approach of approaching the court for clarification of the law “will redound to the benefit and best interest of the citizens of Trinidad and Tobago