raphael.lall@guardian.co.tt
Although Tobago House of Assembly (THA) Chief Farley Augustine was advised by the Office of the Attorney General (AG) that appointing former Public Service Association (PSA) President Watson Duke as THA Deputy Chief Secretary was a breach of the law, Augustine still went ahead and made the appointment.
This was disclosed in a letter by the Office of the Attorney General to Augustine’s attorney Kiel Taklalsingh dated January 7, 2022 obtained by the Sunday Guardian.
The AG’s office had sent a letter previously dated January 4 and this was in response to a letter from Augustine dated January 3.
On December 6, Augustine’s party, the Progressive Democratic Patriots (PDP) swept the THA elections winning 14 out of 15 electoral districts.
After heavy criticism, Duke decided to resign as leader of the PSA to focus on the work of the THA.
Breach of the Act
Augustine’s attorney had written to the AG’s office on January 3 in which he argued that because of Duke’s resignations as President of the PSA and as a member of the Registration, Recognition and Certification Board (RRCB) that the issues before the Court relating to the potential infraction of section 16 of the Tobago House of Assembly Act (THA Act) were now “academic.”
The AG’s letter on January 7 said: “In ours of January 4th 2022, we explained to you that the Attorney General commenced proceedings in the High Court for an interpretation of section 16(8) of the THA Act so that clarification could be provided on the issue as to whether there is a breach of section 16(8). Moreso, the Attorney General was interested in the spirit of transparency to clarify the law on the issue, so as to provide much needed guidance not only to your client’s new administration but to other administrations which might succeed it.”
The Office of the AG in its January 7 letter reminded Augustine that in its January 4 letter they took pains to point out further areas of conflict relating to Duke’s employment with the Water and Sewerage Authority of Trinidad and Tobago (WASA) and two other Assistant Secretaries of the Executive Council, THA who are now identified as Joel Sampson and Nigel Taitt. These two persons are still employed with WASA and the Port Authority of Trinidad and Tobago (PATT) respectively.
“It has now been confirmed that Mr Duke, whilst the President of the PSA, on December 30th 2021 purported to write a letter to WASA offering his resignation on January 3rd 2022.
“Furthermore, both Mr Taitt and Mr Sampson are still engaged in an occupation for remuneration. In fact, Mr Joel Sampson is the Deputy Presiding Officer of the Assembly,” the AG’s January 7 letter stated.
The AG’s letter to Augustine’s attorney also said that his client Augustine has so far refused to respond to the Attorney General’s letters dated December 9 and 13, 2021 respectively in which the AG sought to proffer advice to Augustine so that the newly appointed administration would not fall into error and would be able to meet the obligations required of it in these proceedings.
The AG also said that the resignation of Duke from the RRCB, WASA and the PSA occurred only after he was advised about it by the Attorney General’s correspondence to Augustine and after he was sworn in as Deputy Chief Secretary.
The AG’s letter said in response to his office’s many correspondence and in the face of a continuing breach, Augustine had “misled” the Court in his affidavit and not made full and frank disclosure relating to the status of the persons identified above who are on the Executive Council of the THA.
The AG’s Office letter concluded by saying that it gives notice that it proposes to bring these matters to the attention of the court and to point out Augustine’s continuing failure to assist the court and to be forthright and transparent in his affidavit.
