Sedition charge against Watson Duke dismissed

THE sedition charge against Public Service Association (PSA) president Watson Duke has been dismissed.

Chief Magistrate Maria Busby Earle-Caddle on Monday discharge Duke after the Office of the Director of Public Prosecutions (DPP) failed in an attempt to get an adjournment of the matter until the Court of Appeal gives a decision on the staying of a High Court ruling which struck down parts of TT’s sedition laws.

The State has appealed Justice Frank Seepersad’s ruling in which he struck down certain sections of the Sedition Act, and a preliminary hearing on a suspension of his ruling is set for February 3.

Prosecutors on Monday sought to have Duke’s case adjourned to a date soon after that, but the Chief Magistrate rejected the application, ruling instead that Duke was facing a charge that was not currently a law. She then told Duke he was discharged.

The DPP has to option to file fresh charges against Duke if the State overturns Seepersad’s ruling in the appellate court. Duke’s prosecution formed part of the State’s application to have the High Court’s ruling suspended.

The sedition charge against Duke relates to statements he allegedly made on proposed layoffs at three public utilities in November 2018.

In his ruling on January 13, Seepersad held that the act was “vague, uncertain and can lead to arbitrary application.” He also held that the legislation was not compatible with a sovereign democratic state as it limited constitutional rights to freedom of thought and expression and freedom of the press.

The Office of the DPP was represented by senior prosecutor Mauricia Joseph while Duke is represented by attorney John Heath.