Court action appears to be shaping up to be the first priority—rather than a Commission of Enquiry—for some of the families of the deceased LMCS divers.
LMCS divers Fyzal Kurban, Yusuff Henry, Kazim Ali Jr and Rishi Nagassar died following an incident that occurred when they were working on a pipeline on February 25 at Paria Fuel’s Pointe-a-Pierre site.
Another diver, Christopher Boodram, survived.
A Commission of Enquiry headed by Justice C Dennis Morrison was announced by Government to probe the matter. It includes subsea specialist Gregory Wilson, with senior counsel Ramesh Lawrence-Maharaj as lead commission counsel.
A third member, an international specialist on accidents and incidents, is being sought.
While Paria has welcomed the CoE, some relatives of divers seem headed straight to court rather than waiting for the CoE.
Senior Counsel Anand Ramlogan, who is representing Boodram, has not answered queries on if he and his client—who narrated an emotional account of his experience—would attend the CoE and speak there again. On Monday night, Ramlogan said he’d have to think about the query.
Ramlogan referred queries on representation for Ali Jr’s family to attorney Gerald Ramdeen. The latter did not answer calls or texts. At LMCS’ office, no one could say who was representing Ali.
Attorney Prakash Ramadhar initially sent a March 4 letter to Paria stating he was acting for Boodram and the families of Kurban and Henry.
Last Thursday after the CoE was announced, in commenting on it, Ramadhar said he was representing Kurban and Henry.
On Monday, Ramadhar was asked about participation in the CoE on behalf of Kurban and Henry’s families.
Ramadhar replied, “At this point in time, we are interested in seeking justice before the courts and certainly if the CoE is to deal with process and procedures to deal with future disasters like this and to ensure T&T has a higher level of safety not just in words but in actions, we’ll participate at that point in time. But right now, we’re dealing with matters that will be put before the courts.”
UNC councillor Allan Taxi Seepersad, reportedly a relative of Nagassar’s family, said Nagassar’s wife was out on business and couldn’t say who will represent the family’s interests.
According to the CoE Act, commissioners have the powers of the High Court to summon witnesses, call for the production of books, plans and documents, and to examine witnesses and parties under oath. All people summoned to attend and give evidence, shall be bound to obey the summons served on them as fully as witnesses are bound to obey subpoenas issued by the High Court.
Court action won’t halt CoE
Senior legal sources told Guardian Media a CoE wouldn’t be halted or hindered in any way by any court action, nor was there anything to prevent families from filing court action on the divers’ deaths with a CoE going on.
They said that on the basis of court action, a certain amount of information has been retrieved. Autopsies were done on the four men at the Forensic Science Centre. LMCS, in a statement, had also said it was hiring a specialist pathologist to conduct private autopsies for the deceased.
LMCS also stated it was gathering all relevant information to give “international experts” being retained by the company the ability to determine the cause of the incident and ascertain who was responsible for the divers’ deaths “or the decisions that led to their deaths.”
Guardian Media was also informed there are positions from other employees who were on the site when the incident occurred and divers who hauled Boodram out of the line.
LMCS had also stated it had the manpower and personnel to rescue the divers and had “provided Paria with the methodology” to execute the rescue. However, LMCS claimed it was prevented from executing the rescue. This was denied by Paria. Statements by Paria in press releases and media briefings are also being cited.
There was no reply up to yesterday from Energy Minister Stuart Young on his search for a third commissioner.
He’d said the CoE’s quorum would be two members and they can start work.
No location for the public hearings has been announced but sources speculated these may be held at the Richmond Street courtroom where the Clico/HCU CoE was held, or at the Waterfront Complex conference rooms vacated by the Parliament.
Young last week stated taxpayers foot the bill for CoEs.
Yesterday, former PEP candidate Benson Jagessar queried, “Who will pay Ramesh and his team? Taxpayers’ money to tell us what we already know. Our position should be we don’t want any CoE. Ramesh will frustrate a determination of the matter. Let the matter go High Court and to Privy Council which will be more beneficial to the families.”
