Prakash Ramadhar, the attorney representing two of the five families involved in the Paria diving tragedy, is hoping Attorney General John Jeremie will indicate this week when the process for compensation will begin.
Ramadhar, who acts on behalf of the families of Fyzal Kurban and Yusuf Henry, said if no word comes from Jeremie this week, then he will write to him to trigger the process. Ramadhar said a speedy resolution is the best way forward for all involved.
On April 3, 2024, then prime minister Stuart Young announced that the then cabinet had decided to make an ex-gratia payment of $1 million each to the families of the four deceased (Fyzal Kurban, Kazim Ali Jr, Yusuf Henry, Rishi Nagassar) and the lone survivor, Christopher Boodram. This was not done before the People’s National Movement (PNM) administration was voted out of office.
During her first post-Cabinet news briefing on May 8, Prime Minister Kamla Persad-Bissessar offered to get mediators involved to deal with the issue of compensation. It's a move that Ramadhar hails as a better option compared to what Young offered, as he said it would involve a strong level of transparency and the approval of the court system.
Ramadhar said, now that they are aware of the process, all that remains is to understand when it will begin.
“So, we are in the process of awaiting two things. One, a letter from the Attorney General, if we shan't have that within a week, we shall be writing to the Attorney General to trigger that process so that we can reach some level of comfort for the families in the shortest time frame available,” Ramadhar said.
Attempts to contact Jeremie yesterday were unsuccessful.
But Ramadhar said a level of urgency is required as the families have been suffering. He told Guardian Media that he hopes the families are offered more than the initial $ 1 million.
“Remember, this is an ex-gratia payment and there's a promise of one million dollars. It is my humble view that the family should be entitled to far more than that, having regard to not just the event itself, but the pain and suffering for each individual member that would have traumatised them from then till now and probably for the rest of their lives, unless there is some level of help they can receive, which could be quite expensive,” he said.
Asked if there is an option where a partial payment is offered now with more down the road, Ramadhar said, “That is why we want to speak with the Attorney General, because there is a manifest opportunity to do exactly what you are talking about.”
He added, “So if it is that we could achieve at least some part payment, it would bring immediate or at least close to immediate comfort to them. If it is, however, that we cannot achieve a global settlement figure, then of course we will have no choice but to pursue the matter before the courts.”
Ramadhar said he is aware of the grim economic outlook the Prime Minister said her government inherited from the former PNM administration, but he said he is confident the money will be found.
“This is a multi-billion-dollar economy. And I know the present Government has indicated that they will be creating new streams of income, which is a must do for our society. And in the largest scheme of things, five million or 20 million for something as awful as this. I am sure they'd be able to source the funds for that.”
Ramadhar is hoping this matter can set a precedent with respect to payments made to those hurt or killed in the workplace. He lamented that for too long, "paltry" sums have been awarded by local courts.
“Too many times workers and the average citizen will lose a leg or an arm or whatever and the court award is a couple hundred thousand dollars. And I have always looked and wondered how it is possible for some of the awards for slander and libel to be closer to a million when a man would be incapacitated for the rest of his life working, mostly labouring, to earn a real livelihood the way he has. The awards are out of sync, and we need to fix this. So this could be that case.”
Ramadhar sought to underscore that he is representing the families in a pro-bono agreement and will not be collecting a cent from their payments.
