Chairman of the Commission of Enquiry (CoE) into the deaths of four divers at the Paria Fuel Trading Company, Jerome Lynch, QC, is pleading with the public to be more patient.
At a media conference at the Southern Academy for Performing Arts (SAPA) in San Fernando, Lynch announced that CoE’s first day would be September 7, with a hearing beginning at 10.30 am. Lynch said he hopes the commission will be able to set out what it has achieved so far, where it is going and set dates for everyone to attend the CoE.
“I ask you, the public, for one thing—please, be a little bit more patient with us. I have only just been commissioned to conduct this enquiry, and as I have said, I start my work today. But there is much to be done and I am not going to hurry it. We all want this to be a thorough and comprehensive analysis of what went wrong. That is what we will achieve,” Lynch, who was sworn in on Wednesday as a replacement for previous chair Sir Dennis Morrison, said.
At the media conference called to introduce himself and update the public on the commission’s progress since taking oath on April 22, Lynch revealed he was a diver for many years. He said he participated in several CoEs during his career but it was his first time as a chairman. Although he leaves T&T tomorrow, he will continue to work remotely until returning in September.
The Government appointed the CoE to investigate the deaths of LCMS divers Fyzal Kurban, Kazim Ali Jr, Yusuf Henry and Rishi Nagassar, while they were carrying out underwater maintenance in a 30-inch pipeline at Paria Fuel Trading Company in Pointe-a-Pierre on February 25.
The CoE seeks to ascertain the facts and circumstances that led to the deaths, whether Paria and LCMS had any life-saving contingency plans if life-threatening incidents occurred, and if the companies had contingency plans, whether they employed them in response to the incident. The CoE also seeks to determine if there were sufficient safeguards and measures to ensure the safety of the contracted employees, incident prevention and rescue the divers.
Lead counsel for the commission, Ramesh Lawrence Maharaj, the commission will make findings, observations and recommendations from deliberations to determine whether there was any breach of duty by any person or entity, grounds for criminal proceedings and if they should be recommended for consideration by the Director of Public Prosecutions.
Apart from that, the commission will share its findings on the appropriate practices, policies and procedures that companies like Paria and LCMS should utilise for similar maintenance exercises.
“The Commission of Enquiry has very important duties to uncover the truth of how these tragic deaths occurred and to make recommendations which would have the effect of saving lives in the future,” Maharaj said.
He explained that before the CoE can begin public hearings, it has to investigate, interview witnesses, prepare statements and accumulate relevant documentary evidence. Maharaj said the commission will publish public notices on its website and in the media in the next seven to 10 days, inviting people with pertinent evidence to submit statements and documents. It will then determine which submissions are relevant in the context of the terms of reference of the CoE.
The secretariat will interview and record witness accounts. The commission will also issue 29 letters to people, entities and interested parties such as Paria, LCMS and the T&T Coast Guard to submit evidence, statements and documents.
