AG not backing down on THA/Duke legal matter

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Attorney General Faris Al-Rawi is not letting go of the Watson Duke legal matter and yesterday presented ten reasons to keep the matter alive.

Just three days ago, Chief Secretary of the Tobago House of Assembly (THA) Farley Augustine said that when Duke emitted office as president of the Public Services Association (PSA), the lawsuit became invalid. The two THA executives are represented by Kiel Taklalsingh.

In a ten-point response, the AG said that the deadline for the filing of affidavits was yesterday “which suggests that the issues raised by your letter really constitute an abusive attempt to derail the strict time frames imposed by the Court for the determination of this matter.”

“We must respectfully disagree with your assertion that the issue before the Court is academic and we must now encourage you to comply with the Court’s directions within the time frames which were ordered by the Court, with your input, and against which directions and time frames you have not appealed,” the AG said.

“Firstly, the allegation of Mr. Duke’s resignation from the Public Services Association (PSA) is not an issue to which he has deposed and is dependent for its viability solely upon the assertions made in your letter. In addition, Mr. Duke has not deposed to the fact that he resigned from the Registration, Recognition and Certification Board (RRCB) by a letter which, although dated December 09, 2021, was not delivered to the RRCB until December 16, 2021. We have had to depend on the RRCB to provide that information,” Al-Rawi said.

Al-Rawi said that the issue of the case was the appointment of Duke as deputy chief secretary of the THA despite the fact that at the time of his appointment he was both a member of the Registration, Recognition and Certification Board (RRCB) and had offered his resignation to the PSA but it had not yet been accepted.

“It appears to be the case that, at the very least, your client took the position when making the appointments that he complied with the provisions of section 16 (8) of the THA Act. This remains so, notwithstanding the letters from the Attorney General dated December 9 and 13, 2021,” he said.

“These letters were intended to forewarn your client of the potential of his statutory breach. Unfortunately, your client studiously ignored these letters and has so far not responded to them,” Al-Rawi said.

Al-Rawi said that Duke’s subsequent “alleged resignation” indicates that it must be either that your client has had a change of heart and now accepts that the position he originally took, that there was no infraction of section 16 (8) was wrong, or alternatively, that the issue was always (and still is) in doubt. Whichever interpretation is advanced, provides fertile ground on which a Court would be obliged to rule. This issue is a matter not only of public interest but also of accountability of elected representatives of the State and their capacity to make decisions that are not in conflict with the law.

The AG said that even on the facts of Duke’s resignation, there was at least some period of time when he might have been of the THA Act.

“This argument applies, not to his appointment either as an Assemblyman or Secretary, but to his capacity to function in that role,” the AG said.

Guardian Media contacted Taklalsingh for a response to the AG but he said it was “not likely” to happen at the moment.