By Sue-Ann Wayow
THE Court of Appeal has dismissed the appeals of the Political Leader of Progressive Democratic Patriots (PDP) Watson Duke and Chief Secretary of the Tobago House of Assembly (THA) Farley Augustine.
On Monday, in a unanimous decision, Justices of Appeal Mira Dean-Armorer and Malcolm Holdip ruled that the initial case before Justice Margaret Mohammed can now proceed.
However, Duke will no longer be part of it as he should not have been made an interested party without his consent, the court ruled.
In October 2022, the judges heard the appeals which challenged Justice Mohammed’s decision not to throw out the interpretation claim against Duke and Augustine made by former attorney general Faris Al-Rawi.
In their ruling, the Appeal Court judges also stated that Mohammed was not at fault for holding that the matter was not academic.
The civil proceedings was brought by Al-Rawi following the THA elections in December 2021 which the PDP won by a landslide shocking the People’s National Movement (PNM) that held the Tobago seats since inception.
Al-Rawi sought the High Court’s interpretation of the THA Act Chapter 25:03 and the Integrity in Public Life Act Chap 22:01 as it related to an individual serving as a THA secretary and holding conflicting positions in public life.
Duke at the time was appointed as THA’s Deputy Chief Secretary while he was serving as chairman of the Public Services Association (PSA) and a member of the Registration, Recognition and Certification Board (RRCB).
Augustine had given Duke three months to sever ties with the union and the board, but Al-Rawi suggested Duke’s immediate resignation.
Both Duke and Augustine maintained that the suit was purely academic as Duke eventually resigned from both posts, less than one month after.
Last year, after a fall-out with Augustine, Duke also resigned from his position as THA’s Deputy Chief Secretary, a position that is now held by Dr Faith B. Yisrael.
The Court of Appeal has directed that the AG’s civil action be remitted to the High Court for further adjudication and case management.
Attorney General Reginald Armour in a media release following the ruling said he was pleased with the decision.
“The Attorney General is pleased with the decisions of the Court of Appeal. The determination now of the questions posed to the High Court will redound to the good of the citizenry of Trinidad and Tobago and is consistent with the public interest of clarity of law,” the release stated.
The THA and Augustine were represented by Ramesh Lawrence Maharaj, SC, John Jeremie, SC, Kiel Taklalsingh and Lesley Gray.
Duke was represented by attorneys Kent Samlal, Jared Jagroo, Natasha Bisram and Vishaal Siewsaran.
The AG’s Office was represented by Fyard Hosein, SC, Rishi Dass, Kerwyn Garcia, Tenille Ramkissoon and Kadine Matthew.
