RADHICA DE SILVA
Senior Multimedia Reporter
radhica.sookraj@guardian.co.tt
Days after the Commission of Enquiry into the Paria Diving tragedy was laid in Parliament, Attorney Prakash Ramadhar renewed his call for a $5 million ex-gratia payment to be made to the families of the divers.
He also called for criminal charges to be laid against Paria Fuel Trading Limited's entire Incident Response Team who failed to save the divers on February 25th 2022, as they struggled for breath inside a 36-inch pipeline.
Speaking at a press conference held at his office on Monday, Ramadhar signalled his intention to file litigation, noting that apart from charges of corporate manslaughter, further criminal charges should be laid against Paria's executives.
Ramadhar said the findings of the COE showed the recklessness of Collin Piper, Paria's Operations Manager who restricted a rescue attempt of the LMCS Ltd divers- - Fyzal Kurban, Kazim Ali Junior, Rishi Nagessar, and Yusuf Henry, all of whom died inside the pipeline during underwater maintenance works on Sealine 36.
Ramadhar contended that Piper and his team showed "criminal liability" when they failed to rescue the four divers, even after survivor Christopher Boodram made it out of the pipeline.
Ramadhar said each of the divers' families should get at least a $ 5 million payout from Paria, following which discussions will be held to determine whether litigation will proceed. He also said the family should be compensated for the emotional trauma, disrespect, and pain they suffered arising out of the horrific ordeal.
"Up to today, nobody from Paria ever gave them an apology," he said.
Ramadhar also called for the Paria executives to be removed from their posts as the evidence showed that "they acted with recklessness and incompetence."
Ramadhar also said he believed not all the evidence was unearthed by the COE.
Saying he was grieved by the incident, Ramadhar said the Paria executives should have removed themselves from their posts, based on their conscience.
Saying his intention was not to hurt anyone, Ramadhar noted that the entire episode on February 25 was "a mayhem of miscommunication."
"Why was it that members of the Paria Incident Response Team did not decide what had to be done until days later? Why did they not mount a rescue even though highly qualified divers were willing to rescue these men?" Ramadhar questioned.
He also said two pre-action protocol letters had been sent to Paria Fuel Trading before and shockingly, the company had denied liability.
If there is no ex-gratia payment, Ramadhar said both LMCS and Paria would be sued jointly. LMCS had been subcontracted by Paria to execute the underwater maintenance of the pipeline.
Ramadhar explained that it was up to the Director of Public Prosecutions to determine what criminal charges could be laid against the Paria officials. He also congratulated the Commissioners as well as Ramesh Lawrence-Maharaj SC for their work which provided distressing evidence of that terrible day when the divers perished.
