DEPUTY CHIEF Secretary of the Tobago House of Assembly Watson Duke has responded to the Attorney General’s legal action as it relates to his appointment while also still being the head of the Public Service Association (PSA).
“Our position is that it is an abuse of process as it is seeking a legal opinion that is hypothetical and academic having regard to the facts before the court,” Duke’s attorney, Anand Ramlogan, SC, said at a virtual hearing before the emergency judge, Justice Eleanor Donaldson-Honeywell on Monday.
On Thursday, Attorney General Faris Al-Rawi filed a construction summons in the High Court to interpret a section of the THA Act as it relates to Watson Duke’s appointment as deputy chief secretary while also serving as head of the PSA and a member of the registration, recognition and certification board (RRCB).
The claim also seeks to have the court interpret the Industrial Relations Act and the Integrity in Public Life Act as it relates to Duke’s position as current head of the PSA – at least until Tuesday when the union’s conference of delegates meets to consider his resignation and appoint a new president.
Duke offered his resignation last Wednesday, effective December 31.
The AG’s claim contends 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.
Ramlogan, in response to a submission from the AG’s lead attorney Fyard Hosein, SC, who pointed out the possible conflict of interest Duke was in, maintained his client wrote a letter of resignation which was to be accepted by the PSA’s conference of delegates.
“It may be a non-issue if the conference accepts his resignation.”
He said it was not because the Attorney General had a particular view, they shared the same.
“We have ours and we are of the view this is grossly politically exaggerated.”
He said any conflict Duke may find himself in as deputy chief secretary can be dealt with by him recusing himself from the process “as the AG has done with rentals.”
Ramlogan urged the judge not to allow the court to be used “as a political fulcrum.
“This highly politically-sensitive matter.”
Both Duke and THA Chief Secretary Farley Augustine, who was represented by attorney Kiel Tacklalsingh, were on the virtual link. The RRCB is represented by a team of attorneys led by Reginald Armour, SC.
Tacklalsingh also represents the THA. The PSA, which was served with the proceedings, did not put in an appearance.
In his submissions, Hosein said the matter was not adversarial but seeks to bring clarity to a “very important issue” as it related to the THA election and the Integrity in Public Life Act.
[caption id="attachment_930570" align="alignnone" width="1024"] Attorney General Faris Al-Rawi. -[/caption]
He said the AG wanted to ensure whatever decision made by the new assembly was not affected because of Duke’s roles, including his position on the RRCB which was a quasi-judicial bod
